STATE OF UTTAR PRADESH Vs. VIJAY KUMAR JAIN
LAWS(SC)-2002-3-143
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 14,2002

STATE OF UTTAR PRADESH Appellant
VERSUS
VIJAY KUMAR JAIN Respondents





Cited Judgements :-

ROHTASH SINGH VS. STATE OF HARYANA [LAWS(P&H)-2013-10-143] [REFERRED TO]
GURNAM SINGH VS. COLLECTOR, PATIALA AND ANOTHER [LAWS(P&H)-2004-11-98] [REFERRED]
DALIP SINGH BEDHOR, P.C.S. VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2003-12-107] [REFERRED]
DR. DHARAMVIR SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2002-12-88] [REFERRED]
S ULAGANATHAN VS. REGISTRAR GENERAL [LAWS(MAD)-2009-1-168] [REFERRED TO]
NISHITH VERMA VS. REGISTRAR GENERAL HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2011-7-128] [REFERRED TO]
SHYAM SHANKAR II VS. STATE OF U.P. THRU. PRIN.SECY [LAWS(ALL)-2018-3-22] [REFERRED TO]
DR.AKSHAIBAT SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-4-413] [REFERRED TO]
NAMDEO MAHADEO SURJUSE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-8-70] [REFERRED TO]
SURENDRA PRASAD MISRA VS. ENGINEERINCHIEF IRRIGATION DEPARTMENT [LAWS(ALL)-2003-9-29] [REFERRED TO]
RAMESH KUMAR SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-2006-1-174] [REFERRED TO]
RAM BRIKSHA PRASAD INDRA DEV VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2006-5-24] [REFERRED TO]
Ulhas, S/o. Ishwar Balekundri VS. The State of Karnataka, Represented by its Chief Secretary to the Government of Karnataka, Vidhana Soudha, Ambedkar Veedhi, Bangalore and The High Court of Karnataka, Represented by its Registrar General, Bangal [LAWS(KAR)-2012-1-349] [REFERRED TO]
RAVINDRA NATH YADAV VS. STATE OF U P [LAWS(ALL)-2015-5-252] [REFERRED TO]
SHIV KANT TRIPATHI VS. STATE OF U P [LAWS(ALL)-2008-1-119] [REFERRED TO]
Anwar, S/o. Davalsab Ansari VS. The State of Karnataka. Represented by its Chief Secretary to the Government of Karnataka, Vidhana Soudha, Ambedkar Veedhi, Bangalore and The High Court of Karnataka, Represented by its Registrar General, Bangalor [LAWS(KAR)-2012-1-191] [REFERRED TO]
INDIAN AIRLINES LIMITED AIRLINES HOUSE CHENNAI VS. S M K KHAN [LAWS(MAD)-2007-7-280] [REFERRED TO]
YASHPAL SINGH CHAUDHARY VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-8-29] [REFERRED TO]
SRI DOLA GOVINDA SAMAL VS. STATE OF ORISSA AND ANR. [LAWS(ORI)-2008-12-87] [REFERRED TO]
T NAGAPPA MYSORE VS. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY TO THE GOVERNMENT OF KARNATAKA BANGALORE [LAWS(KAR)-2012-1-4] [REFERRED TO]
DISTRICT CO-OPERATIVE AGRICULTURE RURAL DEVELOPMENT BANK LTD. VS. JOINT REGISTRAR & ANR. [LAWS(MPH)-2003-6-65] [REFERRED TO]
YASHPAL SINGH CHAUDHARY VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-8-22] [REFERRED TO]
RAMAKANT TIWARI VS. STATE OF U.P. [LAWS(ALL)-2017-11-208] [REFERRED TO]
K.SELVARAJ VS. CENTRAL INDUSTRIAL SECURITY FORCE, NEW DELHI AND ORS. [LAWS(CHH)-2008-7-33] [REFERRED TO]
CHANDRAPAL VS. STATE OF U P [LAWS(ALL)-2012-7-206] [REFERRED TO]
HARI MOHAN RASTOGI LATE GOPI CHANDRA RASTOGI VS. ADHYAKSH UTTAR PRADESH POWER CORPORATION LIMITED [LAWS(ALL)-2004-9-31] [REFERRED TO]
NARENDRA SINGH VS. HIGH COURT OF JUDICATURE AT ALLAHABAD & ANR. [LAWS(ALL)-2005-11-308] [REFERRED TO]
BIRENDRA KUMAR NAYAK VS. STATE OF ORISSA [LAWS(ORI)-2012-12-3] [REFERRED TO]
JADUMANI ROUT VS. M D ORISSA STATE SEEDS CORPORATION LTD [LAWS(ORI)-2010-2-12] [REFERRED TO]
VISHWANATH PRASAD AGNIHOTRI VS. M P STATE CO OPERATIVE DAIRY FEDERATION LTD [LAWS(MPH)-2003-11-69] [REFERRED TO]
STATE OF RAJASTHAN VS. TEJ SINGH SHEKHAWAT [LAWS(RAJ)-2008-3-55] [REFERRED TO]
BELA RAM CHAUHAN VS. STATE OF H.P. [LAWS(HPH)-2005-4-16] [REFERRED TO]
V RADHAKRISHNAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2003-8-137] [FOLLOWED]
VARINDER KUMAR VS. FOOD CORPORATION OF INDIA [LAWS(HPH)-2007-7-78] [REFERRED TO]
Bapuji, S/o. Timmappa Chanal VS. The State of Karnataka, Represented by its Chief Secretary to the Government of Karnataka, Vidhana Soudha, Ambedkar Veedhi, Bangalore and The High Court of Karnataka, Represented by its Registrar General, Bangalo [LAWS(KAR)-2012-1-340] [REFERRED TO]
THAKUR PRASAD DUBEY VS. STATE OF U P [LAWS(ALL)-2006-7-5] [REFERRED TO]
K N SINGH VS. STATE OF U P [LAWS(ALL)-2005-9-151] [REFERRED TO]
VIJAY KUMAR SHARMA VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2018-4-208] [REFERRED TO]
PRAMOD KATARA VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2018-4-241] [REFERRED TO]
RAJ GAUR VS. U P POWER CORPN LTD AND ORS [LAWS(ALL)-2016-5-370] [REFERRED]
NAMDEO VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-8-108] [REFERRED TO]
LAL CHAND DALAL VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2002-12-70] [REFERRED TO]
JAI NARAYAN GEHLOT VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2002-9-58] [REFERRED TO]
S N DERASHRI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-1-53] [REFERRED TO]
GAGAN BIHARI MAHALA VS. CHAIRMAN-CUM-MANAGING DIRECTOR,ORISSA FOREST DEVELOPMENT CORPN LTD [LAWS(ORI)-2012-2-47] [REFERRED TO]
Lakashmikant, S/o. Ramappa Deshi VS. The State of Karnataka, Represented by its Chief Secretary to the Government of Karnataka, Vidhana Soudha, Ambedkar Veedhi, Bangalore and The High Court of Karnataka, Represented by its Registrar General, Ban [LAWS(KAR)-2012-1-175] [REFERRED TO]
ANUPATI RAM YADAV VS. STATE OF U.P. [LAWS(ALL)-2019-7-430] [REFERRED TO]
ASHUTOSH DWIVEDI VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2018-9-132] [REFERRED TO]
YOGENDRA NATH TRIPATHI VS. INSPECTOR GENERAL CISF NEW DELHI [LAWS(ALL)-2008-7-174] [REFERRED TO]
PRADEEP KUMAR SUDELE VS. STATE OF U P [LAWS(ALL)-2007-3-68] [REFERRED TO]
BALWINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2011-3-404] [REFERRED TO]
TIKENDRA SINGH VS. THE UNION OF INDIA AND ORS. [LAWS(MEGH)-2015-7-8] [REFERRED TO]
ROSHAN SINGH TOMAR VS. DISTRICT AND SESSIONS JUDGE, BHIND AND ANOTHER [LAWS(MPH)-2003-9-117] [REFERRED TO]
ASHOK KUMAR AGARWALA VS. REGISTRAR GENERAL OF ORISSA [LAWS(ORI)-2022-1-176] [REFERRED TO]
LALIT KUMAR MISHRA VS. UNION OF INDIA, AND 3 ORS. [LAWS(ORI)-2011-9-49] [REFERRED TO]
SWARAN SINGH BAMAL VS. STATE OF HARYANA [LAWS(P&H)-2020-5-61] [REFERRED TO]
PYARE MOHAN LAL VS. STATE OF JHARKHAND [LAWS(SC)-2010-9-51] [REFERRED TO]
SRI NISHAMANI PRUSTY VS. STATE OF ORISSA AND 2 ORS. [LAWS(ORI)-2008-12-119] [REFERRED TO]
Subash Chandra Das VS. Registrar (Amn.), Orissa High Court [LAWS(ORI)-2009-2-21] [REFERRED TO]
Kailash Chandra Padhi VS. State of Orissa [LAWS(ORI)-2011-11-24] [REFERRED TO]
PREM CHAND CHAUHAN VS. R S R T C AND ANR [LAWS(RAJ)-2006-7-123] [REFERRED]
DEVI SINGH VS. STATE OF RAJ. AND ORS. [LAWS(RAJ)-2015-4-4] [REFERRED TO]
KHAZAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-2003-9-130] [REFERRED TO]
NOOR MOHD.PATHAN VS. THE STATE OF M.P. & ANR [LAWS(MPH)-2015-8-157] [REFERRED]
SHIROMANI SINHA VS. U.P.S.R.T.C. LUCKNOW [LAWS(ALL)-2018-3-503] [REFERRED TO]
BALAK MAHADEV SOMKUWAR VS. UNIONOF INDIA [LAWS(BOM)-2009-9-187] [REFERRED TO]
THAKUR PRASAD YADAV VS. STATE OF U P [LAWS(ALL)-2009-5-221] [REFERRED TO]
PARAS NATH CHATURVEDI HARKHALI CHATURVEDI VS. ADDL DIRECTOR MEDICAL HEALTH AND FAMILY WELFARE DIVISION [LAWS(ALL)-2004-4-11] [REFERRED TO]
Mahantha Gouda Biradara, S/o. Late Basavanna Biradara VS. The State of Karnataka, Represented by its Chief Secretary to the Government of Karnataka, Vidhana Soudha, Ambedkar Veedhi, Bangalore and The High Court of Karnataka, Represented by its R [LAWS(KAR)-2012-1-341] [REFERRED TO]
Shivanand Dhage, S/o. Narasingappa Dhage VS. The State of Karnataka, Represented by its Chief Secretary to the Government of Karnataka, Vidhana Soudha, Ambedkar Veedhi, Bangalore and The High Court of Karnataka, Represented by its Registrar Gene [LAWS(KAR)-2012-1-348] [REFERRED TO]
SHIV DAYAL GUPTA VS. STATE OF RAJASTHAN [LAWS(SC)-2005-12-49] [REFERRED TO]
R.L.SANKHLA VS. HIGH COURT PUNJAB AND HARYANA AT CHYANDIGARTH [LAWS(P&H)-2011-3-274] [REFERRED TO]
RISAL SINGH VS. STATE OF HARYANA [LAWS(P&H)-2003-1-368] [REFERRED]
R C CHANDEL LATE SHRI R K CHANDEL VS. HIGH COURT OF MADHYA PRADESH AT JABALPUR, THROUGH [LAWS(MPH)-2006-4-166] [REFERRED]
RAM SUMER VS. STATE OF U.P. [LAWS(ALL)-2021-10-83] [REFERRED TO]
SURJIT KUMAR SINHA VS. STATE OF U P [LAWS(ALL)-2016-4-347] [REFERRED]
RAM AWTAR SINGH VS. STATE OF U P [LAWS(ALL)-2003-11-8] [REFERRED TO]
TOOFANI PRASAD VS. STATE OF U P [LAWS(ALL)-2004-9-188] [REFERRED TO]
NARAIN SAXENA VS. PRINCIPAL SECRETARY TAX AND REGISTRATION U P GOVERNMENT [LAWS(ALL)-2005-8-24] [REFERRED TO]
UMESH RAI VS. STATE OF U P [LAWS(ALL)-2014-3-113] [REFERRED TO]
SHANKER PRATAP SINGH VS. STATE OF U P [LAWS(ALL)-2014-10-243] [REFERRED TO]
G RAMKRISHNA RAO VS. UCO BANK H O PERSONAL DEPT [LAWS(APH)-2006-11-142] [REFERRED TO]
RAJNIKANT A POTNIS VS. NATIONAL TEXTILES CORPORATION GUJARAT LTD [LAWS(GJH)-2010-6-8] [REFERRED TO]
ASHOK KUMAR AGGARWAL VS. UNION OF INDIA [LAWS(DLH)-2021-9-20] [REFERRED TO]
JAGJIT SINGH VS. FOOD CORPORATION OF INDIA [LAWS(HPH)-2007-7-79] [REFERRED TO]


JUDGEMENT

V. N. Khare, J. - (1.)Leave granted.
(2.)The respondent herein was, on 18-10-1972, initially appointed as an Assistant Engineer in an ad hoc capacity in U.P. Rural Engineering Services. Subsequently, in the year 1979, the respondent's services were regularised and he was also confirmed on the post of Assistant Engineer. The respondent was promoted to the post of Executive Engineer w.e.f. 23-11-1980 by a Government Order on the basis of seniority-cum-merit. A Screening Committee set up by the U. P. Govt. after considering the respondent's service record and entries available in the character roll recommended that he should be retired compulsorily. Under Government Order, the Screening Committee or the State Government while considering a case of compulsory retirement, is required to take into account the service record and entries in the character roll for last ten years prior to the order of compulsory retirement. The government accepted the said recommendation of the Screening Committee and passed an order dated 22-2-1999 compulsorily retiring the respondent from service. The Screening Committee while recommending the compulsory retirement of the respondent and the State Government while accepting the said recommendation took into consideration four adverse materials found in the character roll of the respondent, which are as under :
1) The order dated 8-2-1994 whereby the Government directed for recovery of a sum of Rs. 79,994 from the salary of the respondent and also stoppage of increment in the pay scale of Executive Engineer and awarding censure entry in his character roll for the year 1993-94.

2) The order dated 16-10-1986 whereby an warning was given to the respondent for his conduct in exercise of his duties.

3) An order dated 20-3-1983 whereby another censure entry was ordered to be recorded in the character roll of the respondent.

4) An order dated 13-6-1997 whereby the integrity of the respondent was not certified for committing serious irregularities in the work at Lucknow in the year 1983-84. By the said order the respondent was also awarded a censure entry for the year 1997-98.

(3.)The respondent herein filed a writ petition before the High Court of Judicature at Allahabad challenging the order dated 22-2-1999 compulsorily retiring him from service. The respondent also filed a second writ petition before the High Court challenging the order dated 8-2-1994 whereby the Government directed for recovery of Rs. 74,994/- from the salary of the respondent and also for ordering stoppage of increment in the pay scale of Executive Engineer and awarding of censure entry in his character roll in the year 1993-94. The respondent also filed a claim petition before the U.P. Services Tribunal, challenging the order dated 13-6-1997 whereby the State Government declined to certify his integrity. While the aforesaid writ petitions were pending, the U.P. Services Tribunal disposed of the said claim petition by ordering that the entry in respect of withholding of integrity for the year 1997-98 awarded by an order dated 13-6-1997 since related to the period 1983-84, said entry is shifted to the year 1983-84.


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