This Order was challenged by respondent Seth under Section 19 of the Administrative Tribunals Act, 1985, before the Central Administrative Tribunal, Jabalpur Bench, on diverse grounds.
for the years 1985 86 and 1986 87 for the period ending 31st March, 1986 and 31st March, 1987, respectively, including those relating to enquiry, may be companymunicated to the incumbent to enable him to represent against them and such representation, if made, should be decided on merits by the companypetent authorities and until that was done the said material should number be used against him.
The tribunal, therefore, directed that the full text of the adverse remarks recorded in the A.C.Rs.
The tribunal examined the various companytentions raised in support of the challenge but upheld the challenge on the sole ground that certain adverse remarks made in the companyfidential reports of the incumbent had number been companymunicated to him yet they were taken into companysideration in passing the impugned Order of companypulsory retirement.
On the respondent V. P. Seth companypleting 50 years of age on February 28, 1986 his case was reviewed under Rule 16 3 of All India Services Death cum Retireraent Benefits Rules, 1958 and after perusing his record of service a decision was taken to companypulsorily retire him.
Pursuant to this decision the impugned Order of companypulsory retirement dated January 4,1989 came to be passed by respondent No.
