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2021 Supreme(All) 1258

ATTAU RAHMAN MASOODI
Ram Sumer – Appellant
Versus
State of U. P. Thru Prin. Secy. Home Lucknow – Respondent


Advocates Appeared:
For the Petitioner: Mohd. Shujauddin Waris.
For the Respondent: C.S.C.

JUDGMENT :

1. Heard Sri Amit Bose learned Senior Counsel assisted by Sri Abhishek Bose learned counsel for the petitioner and Sri R.P.S. Chauhan learned Additional Chief Standing Counsel for the State.

2. This writ petition is directed against the order of compulsory retirement passed by the Superintendent of Police Railways, Lucknow on 9.7.2019 whereby the petitioner having been treated to be deadwood was retired compulsorily from service by invoking the power under Rule 56 of the fundamental rules contained in Financial Hand Book(Volume II, Part II to IV). The material relevant to be considered is prescribed under Rule 56(2) of the U.P. Fundamental Rules and the same for ready reference is extracted here under :-

    "(2) In order to be satisfied whether it will be in the public interest to require a Government servant to retire under clause (c) the appointing authority may take into consideration any material relating to the Government servant and nothing herein contained shall be construed to exclude from consideration—

(a) any entries relating to any period before such Government

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