- (1.) HEARD Shri Rakesh Nigam learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner (since deceased) chal lenged his order of compulsory retirement dated 25-9-1992. While working with the Food Corporation of India, he was compulsorily retired by order dated 25-9- 1992. Since at the time of filing of petition, no interim order was passed in the writ petition therefore, he stood retired compulsorily of course subject to any order which might be passed in the writ petition. So far the challenge to the order of com pulsory retirement is concerned, the report of the screening committee has been placed be fore us by Shri A. K. Singh learned counsel for the F.C.I, and the material which was placed before the screening committee has also been mentioned in paragraph 4 of the counter affidavit filed by the F.C.I.
(3.) SHRI R. K. Nigam though has made an effort to establish that there was no material before the screening committee and the ap pointing authority, so as to form an opinion on objective consideration of the said mate rial for treating the petitioner as dead wood or inefficient so as not to retain him in ser vice but on perusal of the averments made in the counter affidavit and the report of the screening committee, we are of the view that there was sufficient material on the basis of which the order of compulsory retirement was passed. The committee has found that his order of promotion was wrongly issued and before the said order could be implemented, it was withheld as he did not fall within the field of eligibility nor his name did figure in the Agenda of Regulation under Regulation 22(2) of the F.C.I. (Staff) Regulations, 1971 at the time of SRC Meet on 27-12-1988/2-1-1989.;