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2022 Supreme(MP) 1498

NANDITA DUBEY
Bheemrao Bagde – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Vaibhav Tiwari, learned counsel for the petitioner, for the Appellant; Shri Rakesh Singh, learned Panel Lawyer for respondent/State, for the Respondent

JUDGMENT

1. This petition calls in question the legality and validity of the order dated 18.12.2003, whereby the petitioner has been compulsorily retired in public interest exercising the power under Rule 42(1)(b) of M.P. Civil Services (Pension) Rules, 1976.

2. The aforesaid order has been assailed interalia on the ground that the same has been passed without summoning and considering petitioner's entire service record. The stand of the petitioner is that his case was not placed before the duly constituted screening committee and as such the procedure prescribed under the circulars dated 22.08.2000 and 20.03.2003 has not been followed, under the circumstances his compulsory retirement in public interest is wholly unjustifiable. It is further argued that he has been retired as a punishment purely on the basis of a single penalty of reversion. Further no approval was sought from the State Government not notice as required under Rule 56 or 3 months salary as provided under Rule 42 of Pension Rules was paid.

3. Per contra, the stand of respondents is that the impugned order has been passed strictly in accordance with law after considering the entire service record of the petitioner. It i

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