ASHFAQ MOHD. SON OF LATE SULTAN MOHAMMAD Vs. STATE OF RAJASTHAN THROUGH ITS ADDITIONAL CHIEF SECRETARY
LAWS(RAJ)-2017-12-42
HIGH COURT OF RAJASTHAN
Decided on December 08,2017

Ashfaq Mohd. Son Of Late Sultan Mohammad Appellant
VERSUS
State Of Rajasthan Through Its Additional Chief Secretary Respondents

JUDGEMENT

ASHOK KUMAR GAUR,J. - (1.) The petitioner, who is working as a Stenographer in Police Department, has challenged the action of the respondents of initiating process for his compulsory retirement as per Rule 53(1) of the Rajasthan Civil Services Pension Rules, 1996 (hereafter called, "Rules of 1996"). The petitioner has prayed that the impugned action of the respondents based on letter dated 06.11.2017 (Annex.8) and 16.11.2017 (Annx.7) for compulsory retirement may be quashed and set aside.
(2.) Brief facts of the case are that the petitioner was initially appointed as L.D.C. in 1981 and thereafter, he was appointed as Stenographer on 04.01.1982 and since July, 1992, the petitioner is posted in Police Department. The facts mentioned in the petition, reveals that petitioner claims himself to be possessing unblemished and spotless service record but he alleges that when he was posted as Personal Assistant under one Superintendent of Police, who is respondent No.5 in the present petition arrayed by name, he deliberately entered adverse entry in Annual Performance Assessment Report of the petitioner for the period from 01.04.2012 to 19.10.2013. The petitioner has further alleged that the said officer also issued 5 charge-sheets to the petitioner and also passed penalty order against him. The petitioner has asserted in his petition that in his entire service career, there are 5 charge-sheet under Rule 17 of the CCA Rules for minor penalty and as such, the service record of the petitioner does not make him a deadwood for the purpose of initiating the process of compulsory retirement.
(3.) The petitioner has further submitted and given details about his appreciation letters and awards given to him and petitioner has submitted that against the penalty orders and adverse entries in Annual Appraisal Report, the petitioner has filed different writ petitions i.e. SBCWP NOs.14254/2015, 10487/2014, 11661/2014, 9555/2016 and 10668/2014, which are pending consideration before this Court.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.