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1986 Supreme(SC) 283

A.P.SEN, B.C.RAY
H. C. Gargi – Appellant
Versus
State Of Haryana – Respondent


Advocates:
C.V.SUBBA RAO, O.P.Sharma, S.U.SINGH, SHOBHA DIXIT

JUDGMENT:- Special leave granted. Arguments heard.

2. In this case, the appellant who was an Assistant Excise & Taxation Officer, Haryana, after 35 years of service has been compulsorily retired in public interest by the State Government of Haryana by impugned order dated February 1, 1985 purporting to act under R. 3-25(d) of the Punjab Civil Services. Rules, Vol. 1, Part 1. From the record of service it appears that based upon the report of the review committee in, 1979; the appellant was retained in service after he attained the age of 50 years and thereafter on the report of the second Review Committee in 1983, he was continued in service on his attainment of the age of 55 years, on the basis of his record of service which was uniformly good right from the year 1964-65 to the year 1981-82. When he was just on the verge of retirement, the State Government directed his compulsory retirement under R. 3-25(d) of the Rules on the basis of two adverse entries made by the then Excise & Taxation Commissioner. Although the appellant pleaded that he earned a good report from the Deputy Excise & Taxation Commissioner who had opportunity to watch his performance during the years in question,


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