SUNEET KUMAR, J. - (1.) THE petitioner is a class -IV employee working as Naib Moharrir since 1974 with the Nagar Panchayat, Chharra, District Aligarh (hereinafter referred to as Nagar Panchayat). The main work of the petitioner was to realise Octori, Tahbazari and at times calculation of house tax.
(2.) BY means of this writ petition, the petitioner is challenging the order dated 22.7.2009 passed by the Chairman, Nagar Panchayat compulsorily retiring the petitioner.
(3.) THE retirement of the petitioner is governed by Retention and Retirement of Servants of Municipal Boards Regulations 1965 (1965 Regulations) (hereinafter referred to as "1965 Regulations"). The contention of learned counsel for the petitioner is that the order is punitive, as the averments made therein is stigmatic, hence the petitioner should have been given an opportunity, the Chairman Nagar Panchayat, respondent no. 4 is not the appointing authority of the petitioner as contemplated under Section 75 of the Municipalities Act, 1916, hence without jurisdiction, finally there was no material before the Screening Committee so as to assess and recommend for compulsory retirement.;