AJAY KUMAR MISHRA Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2018-11-59
HIGH COURT OF ALLAHABAD
Decided on November 15,2018

Ajay Kumar Mishra Appellant
VERSUS
State Of U P And 2 Others Respondents

JUDGEMENT

Yashwant Varma, J. - (1.) Heard learned counsel for the petitioner and the learned Standing Counsel.
(2.) This petition calls in question an order dated 30 August 2017 in terms of which the petitioner has been compulsorily retired by the respondents invoking the powers conferred by Fundamental Rule 56 (c) of the Fundamental Rules as applicable in the State of U.P. The process for screening of employees of the Excise Department including the petitioner who was working as an Excise Inspector admittedly commenced pursuant to a report drawn up by the concerned Department which was transmitted to the State Government under the cover of a letter of the Excise Commissioner dated 6 August 2017. Appended to this letter was a broadsheet encapsulating the service record of the petitioner. The tabular chart which was appended with this communication dated 6 August 2017 insofar as it relates to the petitioner read thus:
(3.) It appears that pursuant to receipt of the relevant record, a Screening Committee was formed at the level of the State Government which met on 11 August 2017. In this meeting the Screening Committee framed its recommendation for the compulsorily retirement of four officers including the petitioner. The record further indicates that the report of the Screening Committee was thereafter finally considered and approved on the note-sheet of 21 August 2017 by the Minister In-charge of the Excise Department on 24 August 2017. The impugned order thereafter came to be passed on 30 August 2017. Since the terms of the order impugned would have some significance, the Court deems it appropriate to extract it herein below:;


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