K.P. Singh, J. - (1.) By means of this writ petition the petitioner has prayed for quashing the order dated 3.2.1977 contained in Annexure 'IX' and the order dated 18.2.1977 contained in Annexure XII' attached with the writ petition. Through Annexure 'IX' the petitioner has been compulsorily retired in public interest. The Tribunal through its impugned order dated 18.2.1982 has rejected the petitioner's reference and the order of the Tribunal is Annexure 'XII'.
(2.) Aggrieved by the orders contained in Annexures 'IX' and 'XII' the petitioner has approached this Court under Article 226 of the Constitution.
(3.) The main grievance of the petitioner before me is that he has been compulsorily retired during the pendency of the departmental proceedings against him. The representations with regard to the adverse entries against the petitioner were not decided and the order contained in Annexure 'IX' is by way of punishment, therefore, it is bad in law and should be quashed. It has also been emphasised that the Tribunal has not decided the important questions and has wrongly observed that it was not demonstrated that any representation to the Department was made and pending before any authority. In this connection it has been emphasised that the burden was on the Department to dispel the contentions that the petitioner's representations had not been decided by the authority concerned and that the impugned order contained in Annexure 'IX' was by way of punishment. Relevant allegations in paragraphs 12 to 17 of the writ petition have been made. Annexure 'SA - I' and paragraph 3 of the supplementary affidavit also emphasis that the representation dated 18.9.75 against the adverse entry for the year 1974 - 75 was sent to the Superintending Engineer, Irrigation Construction Circle, Varanasi and the same had not been disposed of.;