Sudhir Agarwal, J. - (1.) THIS writ petition is directed against the order dated 19.2.1990 passed by the Engineer-in-Chief, P.W.D., Lucknow, compulsorily retiring the petitioner under Rule 56 (c) of the Fundamental Rules from the post of Junior Engineer.
(2.) THE learned counsel for the petitioner submits that he was appointed as Overseer in 1960 and was confirmed in the year 1974. At any point of time no disciplinary action was initiated or contemplated against him and as such the impugned order of compulsory retirement is illegal. It is further submitted that the petitioner received two letters dated 2.2.1990 communicating him adverse entries for the period 1.7.1987 to 31.3.1987 and 1.4.1988 to 29.4.1989. With regard to adverse entry for the period 1.4.1988 to 29.4.1989 it is stated that the petitioner has never worked under Sri Dinesh Chandra Kansal who awarded the aforesaid adverse entry and in fact Sri S. K. Sultania was the Assistant Engineer under whom he was working during that period. It is submitted by the petitioner that the aforesaid adverse entries were awarded on account of bias and mala fide against the petitioner. He further submits that the petitioner was allowed six weeks' time to make representation, but even before expiry of the aforesaid period the impugned decision was taken which is illegal and lack sufficient material for passing the impugned order. It is submitted that the petitioner again submitted representation but that too is pending before the respondents. Learned counsel for the petitioner referred to para 3 of the counter-affidavit stating that entire service record has not been considered while forming opinion of compulsory retirement and there existed no material against the petitioner for taking such decision. The respondents have filed counter-affidavit wherein it has been stated that the entire record was considered while passing the impugned order and in this regard the report of screening committee was also considered which recommended for compulsory retirement of the petitioner, since the petitioner's continuance in service was not found in public interest. The detail of the service record showing his performance has been given in para 3 of the counter-affidavit as under : "(3) ...............The details of the petitioner's performance is as under : 1972 Two permanent increments. 1980 Two temporary increments. 1982 One temporary increment. 1983 One permanent increment. 1984 One temporary increment. 1986 Three permanent increments. Besides the following losses were caused to Government by the petitioner, for which recovery orders were passed : In the year 1967 Rs. 836.61 In the year 1978 Rs. 7565.70 In the year 1979 Rs. 5502.65 In the year 1982 Rs. 1966.70 In the year 1989 Rs. 2500.00 In addition to above the integrity certificates of the petitioner were also withheld as under : 1979-80 Once 1982-83 Once 1983-84 Once 1984-85 Once 1988-89 Once That during the tenure of last ten years of the services of the petitioner, the petitioner was given adverse entries in his A.C. 1981-82 Adverse 1982-83 Adverse. 1983-84 Adverse. 1984-85 Adverse (1.4.1984 to 8.8.1984) 1987-88 Adverse (1.8.1987 to 31.3.1988) 1988-89 Adverse That during the following years of the service of the petitioner, the petitioner given censor entries : 1977 Once 1980 Once 1983 Twice 1984 Once 1986 Once 1987 Once"
(3.) IT is also stated that the screening committee has considered the matter on 19.2.1990 and after assessing the performance of the petitioner for the last 10 years particularly the adverse entries awarded by Sri A. K. Singhal and Sri D. C. Kansal, the screening committee has recommended for compulsory retirement of the petitioner. IT is also stated that Sri Dinesh Chandra, Assistant Engineer gave adverse entry to the petitioner for the period of 1.4.1988 to 30.6.1988 and Sri S. K. Sultania, Assistant Engineer gave entries in the A.C.R. for the period 1.7.1988 to 31.3.1988. Sri A. K. Singhal, Executive Engineer withheld the integrity of the petitioner for the above said periods. The petitioner has also filed rejoinder-affidavit wherein the averments made in para 3 of the counter-affidavit have been denied and it has been stated that vide order dated 6.5.1999 the increments stopped for three years, have been given to the petitioner. It is also stated that the petitioner was allowed selection grade after completing 19 years service, hence there is no sufficient material for compulsory retirement. It is also stated that vide order 15.9.1988, the earlier order dated 6.5.1999 withholding of three increments and adverse remark regarding his integrity has been cancelled and he was allowed consequential benefits.;