Finding himself an uneasy casualty when the easy axe of F.R. 56 j i fell on him, the appellant challenged the premature retirement in the High Court only to be greeted with a dismissal in limine.
Adverse remarks companymunica ted on May 1970.
Appeal by special leave from the Judgment Order, dated 26 3 1976 of the Punjab Haryana High Court in Civil Writ Petition No 506/76.
5.12.1962 14.12.64 A mediocrity who should take more Adverse to interest in the work remarks 20.3.65 numbered on 15.1.66 29.7.69 Industry and application.
The aforementioned adverse remarks in the companyfidential reports of the petitioner were companymunicated in all the cases to the Petitioner and the Petitioner made representation which was rejected by the companypetent authority after due companysideration.
The said Committee was companystituted on 23 8 1975.
Shri Baldev Raj Chadda, Accounts Officer.
The said Committee after careful assessment of the performance of the employees companycerned depicted in their companyfidential reports found that the persons including the Petitioner who were number able to perform their duty efficiently and effectively in the posts held by them at that time and the Committee therefore recommended to retire the Petitioner among others under F.R 56 j i .
My remarks against remarks 1,3 a b and 10 may be seen.
This officer is definitely below average.
An Average Officer.
sections was number upto the mark and companysequently he had to be given a change.
companymunica The performance of Shri ted, on Chaddha as the officer in 29th Sept. charge of the Account Current 1971.
The A.G., Mr. Khanna has, in his affidavit in this companyrt, sworn In this companynection I respectfully submit that the Petitioners work was found to be below average and that fact was numbered by the appropriate authority in the companyfidential reports of the petitioner as per details given below Period of Adverse Remarks Date of Report Communication 1961 62 Yes.
Poor General AssessmentBelow Adverse Average.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Office of the Accountant General, Haryana was companystituted to review the cases of the Accounts officers for their retention, on their attaining the age of 50 years.
1.4.70 1.Technical abilityBelow average to 3 a Ability to organise and manage 9.12.70 sections companypetently.
General AssessmentAn average officer who would do better if he showed more initiative and resourcefulness.
Though he did try to tackle the arrears in the GAD section under his charge.
Baldev Raj in person.
The story of his career was snapped when he was companypulsorily retired in the public interest on August 27, 1975 under F.R. 56 j i by the Accountant General A.G. Had he run his full companyrse, his companytinuance until April 1980 would have been sure.
At the time of the review of the retention of the petitioner and other accounts officers, a Committee companysisting of Accountant General, Senior Deputy Accountant General IC , Senior Deputy Accountant General, Admn. ,
1390/1978.
A companyy of the minutes of the meeting held is annexed herewith as Annexure Y. The Reviewing Committee report runs thus The Committee after a careful assessment of the performance of the employees companycerned as depicted in their companyfidential reports have companye to the companyclusion that the persons mentioned below are number able to perform efficiently and effectively the duties of the posts held by them.
Poor Ability to companytrol subrodi nates and get the best out of them.
I was unhappy to observe that he was trying to shield those who shirked work.
The Judgment of the Court was delivered by KRISHNA IYER, J. The appellant, an Accounts Officer companypulsorily retired betimes, appearing in person, has painstakingly and proficiently presented his case which calls for mercy, if number justice obsession with ones own case and inability to see things in perspective are often a frailty of a party who spends the enormity and anguish of his superannuated leisure on the main pursuit of his litigative points, and this makes for prolixity and subjectivity of submissions, which are number the persuasive but the provocative part of the art of advocacy.
R. Lalit and Miss A. Subhashini for the Respondent.
He was an Accounts officer since December 30, 1961, having been so promoted and appointed by the Comptroller and Auditor General of India C AG .
I also numbericed that while he was anxious to bring to my numberice persons who did their duties well, he was willing to play down the lapse on their part, if any, without adequate justification.
Poor to 15.11.70 Ability to organise and manage Poor, sections companypetently.
