Court No. - 3
Case :- WRIT - A No. - 6206 of 2018 Petitioner :- Vishnu Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Narendra Kumar,Brijesh Kumar Yadava Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Brijesh Kumar Yadav, learned counsel for the petitioner, Sri V.P. Varshney, learned counsel appearing for Public Service Commission and the learned Standing Counsel appearing for the respondent nos. 1 to 5, who has obtained instructions pursuant to the previous order of this Court dated 20.02.2018.
The petitioner was Head of the Electrical Engineering Department, Government Polytechnic, Ghazipur. By the office order dated 08.12.2017, the State Government has ordered for his compulsorily retirement giving three months of his salary in lieu of notice period.
The petitioner had argued that there was no basis or material for compulsory retiring the petitioner.
In view of the above argument, learned Standing Counsel was given time to seek instructions. She has received the instructions dated 23.02.2018 and the instructions clearly states that for the purposes of compulsorily retirement, a Screening Committee was constituted in accordance with the Government Orders and the Screening Committee in its meeting held on 05.08.2017 had considered the service record of the officers/officials. The petitioner was having adverse entries in the year 2010-11 & 2011-12 and in the year 2014-15, his two increments were stopped and a censure entry was given to him.
It is in view of the above that a decision was taken to retire the petitioner compulsory.
Thus, the argument that there was no basis or material for retiring the petitioner prematurely is without substance and is not acceptable.
Learned counsel for the petitioner next tried to allege that the Screening Committee was not properly constituted as alleged in paragraph 5 of the supplementary affidavit.
A bare reading of pleadings of the petitioner reveals that no specific averment has been made as to how the Screening Committee was defective in nature or who are the members who are not competent to be part of the Screening Committee. In absence of any such averment, plea that the Screening Committee was not constituted in accordance with the Government Order cannot be accepted. The writ petition, as such lacks merit and is dismissed.
The writ petition is dismissed.
Order Date :- 26.2.2018 S.Sharma