Ravi S. Dhavan, J. - (1.) The petitioner, Kailash Behari Verma, was compulsorily retired on 5.3.1976 by an order of the Deputy Inspector of Police, Kanpur Range, Kanpur, under Fundamental Rule 56 (3) at the age of 50 years.
(2.) The order of compulsory retirement was challenged in a claims petition before the U.P. Public Services Tribunal, II, Lucknow, being claims petition No. 343/11/78 Kailash Behari Verma v. State and others. The contention before the Tribunal, in short, was that the order compulsorily retireing the petitioner has been passed on un - communicated entries and the same entires should have been deemed as wiped out because the petitioner had crossed the efficiency bar in 1974. The next contention is that in the fact of a pending representation against the adverse entries given in 1975, which representation remained pending even at the time when the order compulsorily retireing him was passed, he could not be retired.
(3.) The decision in the writ petition will be confined to the last two aspects.;