S.S. Ahmad, J. - (1.) The petitioner, who was compulsorily retired from service has by means of this petition filed under Article 226 of the Constitution of India, challenged the order, dated 31st July, 1986, contained in Annexure-2.
(2.) It may be stated that earlier an order dated 3rd July, 1986, contained in Annexure-1, was passed against the petitioner and he was compulsorily retired from service under F. R. 56(c) but the opposite parties withdrew the said order during the pendency of Writ Petition No. 4942 of 1986 in which it was challenged. However by a subsequent order, contained in Annexure-2, the petitioner was again retired from service compulsorily. It is the subsequent order which is challenged in this petition.
(3.) In has been set out in the petition that the petitioner, during the course of his service was awarded three adverse entries out of which two of the entries, namely, the entries, for the year 1978-79 and 1983-84 were not communicated and therefore, they could not have been taken into consideration for compulsorily retiring him from service. The third entry pertaining to the year 1982-83 was communicated to him vide order contained in Annexure-7, against which he had filed a representation but by an order dated 23-4-1986 communicated to him vide letter dated 6-5-1986, (contained in Annexure-15), the said representation was rejected. The said entry, it is claimed, was not adverse and, therefore, it could also not have been considered for forming an opinion that the petitioner, having outlived his utility, was not fit to be continued in service in public interest.;