JUDGMENT

 Leave granted.

2. Heard learned counsel on both sides.

3. The Respondent was working as Assistant Commissioner (Assessment) in the Sales Tax Department of the Government of U.P. By proceedings dated October 28, 1991, he was compulsorily retired from service on the ground that in spite of awarding adverse remarks for several years, the respondent had not improved and that, therefore, he was found to be an officer of bad category. On having been challenged by the respondent in Writ Petition No. 93 of 1992, the High Court in its judgment and order dated May 5, 1992 allowed the writ petition evaluating the evidence and finding that the order of compulsory retirement was by way of punishment without any opportunity which amounts to his removal from service violating Article 311 of the Constitution. The representation filed by the respondent against adverse remarks of 1989-90, was pending consideration and without its disposal, it cannot be taken into consideration. When disciplinary proceedings were pending, initiating proceedings for compulsory retirement also amounted to arbitrary and illegal exercise of power.

4. We have issued notice to the respondent who appeared through cou