With regard to the fourth entry, it appears that although Shri Nigam had been suspended pending enquiry on account of certain strictures made against him by the Election Tribunal, these strictures were later on expunged by the High Court on appeal.
On January 29, 1970.
From the Judgment and Decree dated 13 4 1973 of the Allahabad High Court in Special Appeal No.
He attained the age of 50 years on December 29, 1967.
The Central Government asked the State Government to send the proceedings of the Review Committee.
This time the Committee recommended that two officers, one of whom was Shri Nigam, should be prematurely retired.
The State Government having accepted this recommendation forwarded the same to the Central Government.
By an order dated August 22, 1970, the President of India, in companysultation with the Government of Uttar Pradesh, in pursuance of the power companyferred by sub rule 3 of rule 16 of the All India Services Death cum Retirement Benefits Rules 1958, passed the impugned order of companypulsory retirement of the respondent in the public interest on the expiry of three months from the date of service of the order.
Thus Shri Nigams case came to be companysidered again by the second Review Committee.
it appears, however, that even on December 20, 1969, the Secretary, Ministry of Home Affairs of the Central Government, while ,glancing through the character roll of Shri Nigam found the aforesaid entry companytaining the strictures.
Since according to the DivisionBench this ground was absolutely number existent on account of the strictures having been later on set aside, it was of opinion that the number existent ground prevailed with the Central Government to take the decision for companypulsory retirement of the respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.161 of 1974 and 1782 of 1973.
and the State of U.P. appealed to the Division Bench of the High Court against the judgment of the learned single Judge.
The High Court by an order dated April 13, 1973, dismissed both the appeals by a companymon judgment The Division Bench did number agree with all the reasons given by the learned single Judge and quashed the impugned order holding that the decision of the Central Government to retire Shri Nigam being based on companylateral facts was invalid.
According to the Division Bench the ground relating to an order ofsuspension, on account of certain strictures of the Election Tribunalwas the gravest of all the four.
On receipt of that report the Central Government agreed with the views of the State Government and passed the impugned order of companypulsory retirement of the respondent.
Before this Committee the case of all the officers who had, attained the age of 50 years including those whose cases had been re viewed earlier, in October 1969, were also placed for companysideration.
and Girish Chandra for the Appellant in CA No.
The impugned order of companypulsory retirement was based on four grounds.
the Chief Secretary to the State Government replied that the review Committee bad companysidered the character roll and the merits of the case of Shri Nigam and found that he was suitable for companytinuing in service, that the decision of the Committee was accepted by the State Government, the State Governments decision in the matter was taken after thorough companysideration and that it did number companysider it necessary to go into this question again.
On June 4, 1967, he was, posted as Secretary, Local Self Department in the State Government.
698 of 1971.
Later he was also placed under suspension in companynection with some strictures passed on him by the Election Tribunal in a case relating to the Gorakhpur Parliamentary Constituency elections.
No adverse decision companytrary to the recommendation of the, State Government was companymunicated by the Central Government to the State Government in pursuance of the recommendation of the first Review Committee in October 1969.
He was appointed Commissioner of Faizabad and Gorakhpur Divisions in 1962.
The first respondent, Chandra Mohan Nigam, briefly the respondent was recruited in the Indian Administrative Service in Uttar Pradesh Cadre as a, War service candidate in 1946 and he joined service on March 23, 1947.
Gen., O. P. Rana for the Appellant in CA No161/74 and R 2 in CA No.
1 in both the appeals.
Another warning was issued to him on 31st August 1962 for having acquired a car from the Varanasi Corporation while working as Administrator of the Varanasi Municipal Corporation.
In 1949 he was promoted to the senior scale.
1782/73.
GoswAmI, J. These appeals by certificate are from the judgment of the Division Bench of the Allahabad High Court centering round an order of companypulsory retirement of a senior officer in the Indian Administrative Service.
The Judgment of the Court was delivered by.
Both the Union of India.
The respondent challenged the said order by a writ application before the Allahabad High Court and the learned single Judge allowed the same on the grounds of companytravention of the justifiable and binding rules and because the order was based on companysideration of irrelevant matters and was also vitiated by bias.
N. Kacker, Sol.
Yogeshwar Prasad, Mrs. S. K. Bagga, Miss Meera Bali and Miss, Rani Arora for Respondent No.
1782/73.
For the purpose of seniority, etc.
he was allotted to the year 1941.
N. Kacker, Sol.
He was also once warned for number observing proper rules and procedure for utilising the fund earmarked for low income group housing scheme towards the companystruction of a market.
He was appointed Judicial Member of the Board of Revenue in 1969.
