- (1.) Heard learned Counsel for the appellant and Shri M.S. Pipersenia, learned Standing Counsel appearing for the respondents and also perused the order of the Hon'ble Single Judge.
(2.) The special appeal, under the Rules of the Court, arises from the judgment of the Hon'ble Single Judge dated 27.8.1998 dismissing the appellant's writ petition No. 3539 of 1994.
(3.) The petitioner-appellant was initially appointed as Senior Field Assistant, Sugar Cane Research Station, Shahjahanpur in the year 1960 and was confirmed on 28.11.1981. It appears that he was suspended On 11.7.73 to 19.8.1974. Thereafter he was again suspended during the period 1977 to 1981 and a departmental inquiry was initiated against him which was Ultimately culminated in the order of punishment dated 2.9.1982 as charge of embezzlement were found proved against him and he was also required to deposit a sum of Rs. 3281.30 p. The order of punishment also provide that in future he would not be given charge of any seed store and agriculture farm. Besides the above adverse entries, he was awarded two adverse entries in the year 1988-89 and 1989-90/-. the screening committee considerea the matter for premature retirement under Fundamental Rules, 56 and recommended the petitioner for compulsory retirement. Accepting the said recommendation the competent authority issued order dated 30.3.1993 compulsorily retiring the petitioner under Fundamental Rule 56. Challenging the order dated 31.3.1993 whereby the appellant was retired compulsorily, he filed writ petition No. 3539 of 1994, which has been dismissed by the Hon'ble Single Judge by means of the order under appeal.;