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2006 Supreme(MP) 1176

A.K.PATNAIK, P.K.JAISWAL
State of M. P. – Appellant
Versus
M. S. Wakankar – Respondent


Advocates:
Smt. Ami Prabal, Deputy Advocate General for petitioners;
Arvind Dudawat for respondent No.1.

ORDER

Patnaik, C.J. -- 1. In this petition, the petitioners have challenged the order dated 29.9.2001 passed by the M.P. Administrative Tribunal, Gwalior Bench, in OA No.395/94.

2. Brief facts of the case are that the respondent No.1 was originally inducted in Government service in the year 1957 in the office of the IG Municipality and after abolition of the office of the IG Municipality, he was taken into service of the Collectorate, Ujjain as a Lower Division Clerk. He was posted as Lower Division Clerk in the Land Records and Settlement at Gwalior and thereafter was promoted to the post of Assistant. By order dated 4.3.1994, the respondent was compulsorily retired under FR 56(3). Aggrieved by the said order, the respondent filed OA No.395/ 94 before the M.P. Administrative Tribunal, Gwalior Bench. By the impugned order dated 29.9.2001, the Tribunal quashed the order of compulsory retirement dated 4.3.1994 after holding that the Screening Committee considered the ACRs of the respondent No.1 only for last 5 years and had not considered the entire records of service contrary to the decision of the Supreme Court in the case of Baikunthnath Das v. Chief District Medical Officer, Baripa








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