Heard Sri Pramendra Kumar Singh, learned counsel for the petitioner and Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents.
During the course of arguments, one relevant fact emerges that pursuant to the compulsory retirement order dated 21.09.2002 the petitioner has not been paid a single penny till date.
It has been submitted that only two adverse material were before the Screening Committee i.e. the reprimand entry for the year 1993-1994 and adverse entry for the year 2001-2002.
Learned counsel for the petitioner has vehemently submitted that there is no adverse entry against the petitioner for the year 2001-2002, however, for the said year one censure entry was awarded to the petitioner. It has further been submitted by learned counsel for the petitioner that there is difference between the adverse entry and the censure entry and the censure entry cannot be treated as adverse entry as the law is settled on this point.
It has further been submitted by learned counsel for the petitioner that if there is no adverse entry in the Character Roll of the petitioner for the year 2001-2002 and there is sole reprimand entry for the year 1993-1994, the order of compulsory retirement could not have been issued against the petitioner.
Learned Additional Chief Standing Counsel prays for and is granted a week's time to verify the aforesaid facts.
On the next date, the learned Additional Chief Standing Counsel shall categorically inform the Court as to whether the petitioner has been paid his entire retiral benefits after the compulsory retirement order dated 21.09.2002 is passed and if the petitioner has not been paid single penny as submitted by learned counsel for the petitioner, a specific reason should have been given as to why the retiral benefits of the petitioner pursuant to the order dated 21.09.2002 has not been paid and who would be responsible for this non-payment. If the aforesaid fact is true that the petitioner has not been paid any single penny after passing compulsory retirement order dated 21.09.2002, this Court may take strong exception against it.
Further the learned Additional Chief Standing Counsel shall also produce the order of adverse entry awarded for the year 2001-2002, which has been considered by the Screening Committee and if there is no adverse entry against the petitioner for the year 2001-2002, it shall be explained on the next date as to why such entry has been considered by the Screening Committee.
Learned Additional Chief Standing Counsel shall also address the issue as to whether on the sole reprimand entry or even the censure entry the order of compulsory retirement can be passed or not.
Learned Additional Chief Standing Counsel shall file an affidavit apprising the aforesaid queries of the Court within the aforesaid period.
List this petition on 10.12.2018 in the additional cause list.
Order Date :- 28.11.2018 Suresh/ [Rajesh Singh Chauhan,J.]