Amol Rattan Singh, J. - (1.) The petitioner has challenged the order dated 29.09.1995 (Annexure P -24), passed by the 1st respondent, imposing a punishment of compulsory retirement upon him. He has also challenged the charge sheet dated 07.07.1992 pursuant to which an enquiry proceeding was held, leading to the passing of the order. By this petition, he seeks quashing of the disciplinary proceedings and the order and thereafter, the grant of all consequential benefits flowing from the fact that such an order would be considered to have never been passed. A brief background of the petitioners' service in the Department of Jails, Punjab, as given in the petition, would be in order, before reproducing the impugned order by which the petitioner has been imposed the aforesaid punishment.
(2.) The petitioner initially joined service as a Clerk in the respondent -State on 22.11.1957 and was promoted as an Assistant in January, 1963. Thereafter, he competed in an open competition for selection to the post of Deputy Superintendent (Jails), Grade -II and was selected for appointment by the Punjab Public Service Commission, pursuant to which he was appointed to the said post by the respondent -Government on 01.01.1969, in the Punjab Prisons Service (Class -II). He was promoted as a Superintendent, District Jail, w.e.f. 15.03.1980 and then promoted to the Punjab Prisons State Service (Class -I) on 11.12.1986. As per the petitioner, uptil 31.03.1992, he had earned "Very Good/Outstanding" gradings in his ACRs, from his superiors, with no adverse entry at all in his service record. He is also stated to have been issued a number of appreciation letters by his superiors. He is stated to have been posted to important and challenging assignments, including those of Superintendent of sensitive jails, where hardcore terrorists and criminals were confined. According to him, these assignments were performed by him to the best of his ability, even at the cost of risk to his life and that of his family members, as, during the course of these postings, he is stated to have received "scores of threats" to his life.
(3.) These facts, as given above, are generally accepted by the respondents in their reply, though the factum of his record having remained unblemished is refuted by them, even for the period uptil 1992, owing to the fact that on the night of January 1/2, 1987, eight terrorists attempted to escape from the Maximum Security Jail, at Nabha, where he was earlier posted as Superintendent, which is the primary reason that the petitioner was charge -sheeted, on 07.07.1992. In fact, it is as a result of this charge sheet that the petitioner was eventually imposed the punishment of compulsory retirement, vide the order impugned in the present petition.;