Hon’ble Sudhir Agarwal, J.—The petitioner Nishith Verma aggrieved by order dated 11th January, 2007 (Annexure 3 to the writ petition) issued by Registrar General communicating decision of Hon’ble Chief Justice compulsorily retiring him in exercise of power under Fundamental Rule 56(c) from the post or Review Officer has sought a writ of certiorari quashing the aforesaid order in this writ petition filed under Article 226 of the Constitution of India.

2. The brief facts, as averred in the writ petition, are that the petitioner was appointed as Routine Grade Assistant on 26th July, 1976, confirmed on the said post on 11th January, 1980, promoted as Lower Division Assistant on 1st August, 1983 and confirmed on the promoted post on 1st August, 1987. The petitioner’s conditions of service are governed by Allahabad High Court Officers and Staff Rules, 1976 (hereinafter referred to as “1976 Rules”). He was further promoted to the post of Upper Division Assistant on 14th August, 1996.

3. During the aforesaid period, he was elected and functioned as General Secretary, High Court Employees Association, from 1983 to 1996 and thereafter from 2003 to 2006. He is also holding the office of President, High Court IVth Class Employee Association since 1986. He was also elected as Secretary General of All India High Court Employee Association for the period of 1983 to 1986, 1988 to 1990, 1992 to 1994, 1994 to 1996, 1997 to 1999 and 2003 to 2007. He alleges that during this period being an office bearer of Association of Employees, for representing others, he used to met the officials of this Court and faced harassment in the hands of respondents. An enquiry was initiated against him on the allegation of entering the chamber of the then Hon’ble Senior Judge B.N.Katju on 8th July, 1988 in respect whereto a charge sheet was issued to him and enquiry commenced in 1988. The alleged enquiry was not completed soon showing his harassment for last eighteen years.

4. He was awarded adverse entry by Registrar in 1991-92 illegally. In 1994, departmental enquiry was initiated against him on the allegation of impersonation as a Hon’ble Judge of this Court (Anshuman Singh J as His Lordship then was). It is said that this enquiry was dropped on 17th January, 2007, as communicated by Registrar General’s letter dated 18th January, 2007. In the aforesaid enquiry, however, he was placed under suspension on 3.11.1999 which continued till the dropping of proceedings.

5. There is no adverse entry in service record of petitioner since 1996 when he was promoted as Upper Division Assistant and in these circumstances the order of compulsory retirement is wholly arbitrary, illegal, unreasonable. It is not in public interest, unsustainable in the eyes of law, lacks objective consideration and without there being any material adverse to the petitioner justifying said order. No Screening Committee was constituted to examine the case of petitioner and compulsory retirement in effect is punishment having been awarded without any opportunity and is violative of Article 14 of Constitution of India. The order of compulsory retirement is vitiated on account of mala fide and suffers from malice in law and fact. It is also discriminatory, inasmuch as, other officers, against whom enquiry was initiated, but dropped, have been promoted but the petitioner has been discriminated by ordering premature retirement. There exists no adverse entry against petitioner since 1996 and hence no person of reasonable prudence would come to the conclusion arrived at by the respondents, hence, the impugned order is arbitrary, disproportionate, unsustainable in law, cryptic, without application of mind, based on erroneous assumption, capricious exercise of power, result of adoption of wholly erroneous and illegal procedure and has resulted in manifest injustice, contrary to law.

6. The respondents have filed counter-affidavit stating that the order of compulsory retirement has been passed after