to the supdt.
civil appellate jurisdiction civil appeal number 1203 of 1969 appeal by special leave from the judgment and order dated september 20 1968 of the allahabad high companyrt in second appeal number1791 of 1967 m.singhvi and o. p. rana for the appellant.
1 4 1962.
capoor deputy supdt.
sd m.l.
subject companypulsory retirement of head constable sri shyam lal sharma of the mathura district police.
14 1962.
the companycluding paragraph companytained a proposal for companypulsory retirement of the plaintiff respondent.
memo of leave in months leave duplicate .
reference your number p 99 dated feb.
inspector genl.
1 4 1962.
the companyrt of civil and sessions judge passed a decree in favour of the plaintiff respondent.
he is retired companypulsorily w.e.f 1 4 62 the letter dated 16 march 1962 was as follows p. police head quarters allahabad 1 number iv 780 60 dated 16 march 1962.
of police agra range u.p.
an appeal was preferred to the high companyrt by the state against the judgment of the companyrt of civil and sessions judge.
the letter dated 14 february 1962 was in four paragraphs.
of the mathura district.
preparatory to 3.
the high companyrt read the proposal dated 14 february 1962 in this language recommended for compulsory retirement on proportionate pension w.e.f.
1 4 1962 due to the bad record of service as he is companysidered to be a bad lot incorrigible and numberlonger useful.
the defence of the state was that the plaintiff respondent was number retired on the ground of misconduct inefficiency or incapacity and therefore the procedure under article 311 and rule 55 of the civil service regulations was number required to be followed.
tioned four 2.
the letter p. 99 dated 14 february 1962 was as follows to the dy.
the civil and sessions judge in hearing the appeal held that though the order dated 28 march 1962 was to the effect that the plaintiff respondent was to be retired companypulsorily with effect from 1 4 1962 it did number expressly mention any stigma against the plaintiff respondent.
n. sharma n. n. sharma and c. p. lal for the respondent the judgment of the companyrt was delivered by ray j. this appeal is by special leave against the judgment dated 20 september 1968 of the high companyrt of judicature at allahabad dismissing the appeal preferred by the state of uttar pradesh against the decree passed by the companyrt of civil and sessions judge in favour of the plaintiff respondent declaring that the order of removal of the plaintiff respondent from service is void and is illegal and the plaintiff respondent should be deemed to be still in service.
a numbere companytaining the for n.a.
endorsement number iv 56959 dated 17 1 61.
the companyrt of the munsif trying the suit dealt with issue number 3 namely whether the retirement of plaintiff respondent was due to malice and by way of punishment and answered the issue in the negative.
subject companypulsory retirement of head constable shyam lal sharma number 22 c.p.
he should be retired companypulsorily forthwith and granted four months leave preparatory to companypulsory retirement if he so applied for.
the companyrt of civil and sessions judge on that ground came to the companyclusion that the order of companypulsory retirement was based on the proposal of the superintendent of police accepted in toto by the police head quarters and therefore the proposal formed necessary adjunct to the order leading to companypulsory retirement.
shyam lal is.
the plaintiff respondent filed this suit for a declaration that the order of removal of the plaintiff respondent from service dated 28 march 1962 based on a letter dated 16 march 1962 was void and illegal and unconstitutional and that the plaintiff respondent was still in service.
of police mathura.
reference p.h.q.
i recommend his companypulsory retirement on proportionate pension w.e.f.
your proposal for the companypulsory retirement of head companystable sri shyam lal sharma is approved.
for issuing orders for his companypulsory retirement w.e.f.
roll and the following documents is herewith sent.
history of service in compulsory re duplicate .
charge preferred against may be sanc the head companystable.
of police hdqrs.
the proposal for the companypulsory retire ment of this head companystable on police form number 61 in duplicate together with his ch.
for inspector general of police.
the above named head companystable has put in 26 years of service and has lost his utility to the department.
the order dated 28 march 1962 was as follows as per orders companytained in the p.h.q.
the order of compulsory retirement according to the civil and sessions judge was based on the letter of the police headquarters dated 16 march 1962 which was an approval of the proposal made by the superintendent of police by letter dated 14 february 1962 and the proposal of the superintendent of police clearly gave out that the sole basis for companypulsory retirement of the plaintiff respondent was his being incorrigible and having outlived his utility to the department.
the companyrt of the munsif also held that the order was number illegal and dismissed the suit.
the only question for companysideration in this appeal is whether the order of companypulsory retirement of the plaintiff respondent was one of punishment.
he is companysidered to be a bad lot incorrigible and numberlonger useful.
sanctioned.
the high companyrt came to the companyclusion that the order of compulsory retirement dated 28 march 1962 and the letter dated 16 march 1962 referred to in the order of companypulsory retirement and the memorandum dated 14 february 1962 referred to in the letter dated 16 march.
letter number iv 780 60 dated 16 3 62 the companypulsory retirement of h.c./22 c.p.
