BHEEMRAO Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 12/1/2022 (Annexure-A-1) passed by the learned Single Judge in Writ Petition No.291 of 2004 whereby, the writ petition filed by the appellant/writ petitioner has been dismissed.

(2.) The facts of the case are that the appellant was appointed on the post of Lower Division Clerk in the Industrial Training Institute on 9/12/1976. The appellant was promoted on the post of Upper Division Clerk on 10/3/1986. He was promoted vide order dtd. 5/6/1993 on the post of Accountant. Vide order dtd. 27/1/2003, the appellant was reverted to the post of Assistant Grade-III from the post of Accountant. Vide order dtd. 18/12/2003, the State Government in exercise of powers under Rule 42 (b) of M.P. Pension Rules 1976 (hereinafter in short "the Rules of 1976"), has directed for compulsory retirement of the appellant. The appellant has preferred writ petition before learned the learned Single Judge which has been dismissed by the impugned order and hence, the appellant is in the instant appeal.

(3.) The learned counsel appearing for the appellant submits that the order passed by the learned Single Judge does not consider the arguments advanced by the appellant. The entire career of the appellant remained unblemished. The Scrutiny Committee made the recommendations on the basis of the circular which was already deleted by the State Government and under such circumstances, he submits that the rights of the appellant has been prejudiced on account of improper consideration by the Screening Committee. The learned Single Judge while placing reliance on a decision of the Hon'ble Supreme Court in the case of Baikuntha Nath Das and another vs. Chief District Medical Officer Baripada and another(1992) 2 SCC 299, Madhya Pradesh State Cooperative Dairy Federation Limited and another vs. Rajnesh Kumar Jamindar and others (2009) 15 SCC 221, Rajendra Singh Verma vs. Lieutenant Governor (NCT of Delhi) and others (2011) 10 SCC 1 and Ram Murti Yadav vs. State of UP and another (2020) 1 SCC 801 has held that even a single adverse entry of integrity can be held to be sufficient for passing an order of compulsory retirement. The report of the Screening Committee was based on the evaluation of the entire service record and subjective satisfaction is recorded, which should not be interfered under the power of judicial review of this court under Article 226 of the constitution of India.