- (1.) The petitioner joined service as a Patwari in Revenue Department in the year 1949 at Jullundur. In the year 1959, he was transferred to Karnal. He was to retire from service on November 5, 1984, on attaining the age of 55 years. The Collector, Karnal, recommended the case of the petitioner to the Government for extension upto the age of 58 years. The Government, instead of granting extension, desired the Collector, Karnal, to retire the petitioner on the basis of adverse entry made against him in the year 1974-75. Consequently, the Collector, Karnal retired him on November 28, 1986.
(2.) The grievance of the petitioner is that the adverse remarks for the year 1974-75 were never communicated to him. It was only after the Collector received the communication from the Government that he conveyed the adverse remarks against the petitioner for the year 1974-75 to him (petitioner) on June 23, 1986. The petitioner filed a detailed representation in this respect on September 22, 1986. His representation was pending and had not been decided, but in the meantime the Collector retired him on November 28, 1986, with immediate effect by giving him three months salary in lieu of notice. His grievance further is that the Collector should have first decided his representation and only in case of rejection of his representation, he (Collector) should have passed the order of retirement only on the direction of the Government without taking into consideration the representation of the petitioner and the fact that the petitioner had crossed the efficiency bar both the times and he was a confirmed Patwari. The petitioner further asserted that he had earned good reports for 10 years preceding to this retirement and the Collector had retired him only on the basis of an entry which was made 12 years ago and the same was never communicated to him. The respondents have stated that his report for the year 1974-75 was as under :- "Average. Unwanted element. He should be retired." It is not disputed in the reply that adverse remarks pertaining to the year 1974-75 were communicated to the petitioner on June 23, 1986, and the retirement order was issued after perusal of the entire record of service of the petitioner.
(3.) I have heard the learned counsel for the parties and given my careful consideration to the facts of the case. The order of retirement passed by the Collector, Karnal, is as under :- "Shri Kahan Singh Patwari Circle Padhana, Tehsil Karnal who was placed under suspension vide orders dated 23.6.1986 issued vide endorsement No. 1974-78/BK, dated 24.6.1986 is hereby reinstated and posted of Circle Padhana pending enquiry against him. 2. Shri Kahan Singh Patwari was due to retire from Government service on 5.11.1986 A.N. on attaining the age of 55 years. The extension case upto the age of 58 years was taken up but during the year 1974-75 the honesty of the Patwari was found doubtful and as such the case was referred to Government. After consideration, the Government desired to premature retire Shri Kahan Singh Patwari. Consequently, Collector, Karnal, is of the opinion that it is in the public interest to retire Shri Kahan Singh Patwari from service with immediate effect by giving him three months' salary in advance in lieu of notice. 3. Now, therefore, in pursuance of the provisions contained in Rule 5.82(A)(C) of the Punjab Civil Services Rules, Vol. II and rule 9.24(d) of the Punjab Civil Services Rules Vol. I Part I, as applicable to the State of Haryana, Collector, Karnal, in the public interest hereby orders that Shri Kahan Singh Patwari shall stand retired from Government service with immediate effect. However, his case for pension/gratuity and period of suspension will be finalised after the decision of departmental enquiry pending against him." The Collector, Karnal, has considered the adverse entry against the petitioner for the year 1974-75 and on the basis of this entry, the petitioner has been retired. The plea in the written statement is that the entire record of the petitioner has been perused and the adverse remarks pertaining to the year 1974-75 were communicated to him on June 23, 1986.;