- (1.) This is a writ petition filed by a Tehsildar against his compulsory retirement by the Financial Commissioner (Revenue), Haryana vide order dated 20th July, 1986 (Annexure P.17). The order was passed by the Financial Commissioner acting under the provisions of rules 25(2)(c)(i) and 25(2)(i)(a) of the Punjab Tehsildari Rules, 1932, which reads as under :- NOTICE Whereas I am of the opinion tha it is in the public interest to retire Sh. V.D. Gaur, Tehsildar, from service after his attaining the age of fifty five years. Now, therefore, I, in pursuance of the provisions contained in rule 25(2)(c)(i) and 25(2)(c)(i)(a) of the Punjab Tehsildari Rules 1932, as amended vide Haryana Government Notification No. GSR 4/Const./Article 309/Amd (i)/75, dated the 10th January, 1975 hereby give to Sh. V.D. Gaur, a notice of three months from the date of receipt of this communication, on the expiry of which, he shall stand retired from service under the State Government of Haryana. Sd/- Financial Commissioner, Revenue Haryana" dated the 20th July, 1986. Chandigarh. It is averred in the petition that the petitioner was selected as 'A' Class Naib Tehsildar as a direct appointee on 1st October, 1955, on which post he served for about nine years and on the basis of his excellent work he was promoted as Tehsildar on 9th January, 1964; that his record of service has been excellent throughout and he earned several commendation certificates, appreciation letters merit certificates, rewards, medals and cash awards during his service career which are Annexures P.1 to P.13 to this writ petition and speak for his efficiency, merit and honesty.
(2.) The petitioner was conveyed report for the year 1984-85 (Annexure P15) on 6.8.1985 by the Financial Commissioner. However, it was stated therein that the revenue work of the petitioner was not up to the mark and his reputation was not good about honesty. The petitioner submitted this representation against the said report on 13th August, 1985 (Annexure P18). The representation of the petitioner was pending when he was compulsorily retired. It is alleged in the writ petition that the order of compulsory retirement was not justified by statutory rules and it could not be passed until the representation was decided by the competent authority. It is also pleaded that the order of compulsory retirement on the basis of the adverse report regarding integrity amounts to removal from service. It is further the stand of the petitioner that the report for the year 1984-85 is not based on facts; it is arbitrary the remarks having been given on non-existent material and, therefore, the reports are liable to be expunged.
(3.) The State has filed written statement through Sh. S.P. Bhatia, Joint Secretary, Revenue Department, Haryana Government, broadly justifying therein the order of compulsory retirement of the petitioner. It is stated that the representation was disposed of vide order Annexure 'A' to the written statement. The petitioner filed replication by means of C.M. No. 806/1987 controverting the allegations made in the written statement and reiterating the stand as given in the writ petition.;