Order compulsorily retiring as penalty "retrospectively"?
Querist :
Anonymous
(Querist) 12 October 2010
This query is : Resolved
I was being harassed for being a whistle blower for a long time.
The Department finally issued me a show cause notice as to why I be not compulsorily retired from service as major penalty .
The Department filed caveat through a Counsel that I would pray for stay of operation of Notice.
I served the advance copy of writ petition upon the Counsel of the Department on 20.09.2010.The matter was to come up for hearing on 21.09.2010.
On 21.09.2010 the Counsel of the Department informed the Court that they had compulsorily retired me vide an Order dated 18.09.2010 which copy was given to my counsel in court.
The office copy served in the Court had annotation made by a section officer issued today and dated as 20.09.2010.
On 21.09.2010 when I reached home i got the speed post and registered speed post letters showing posting time which showed these were posted only on 20.09.2010 clearly after the advance service upon the caveator.
The order dated 18.09.2010 stated I was compulsorily retired with effect from 18.09.2010 but as I said it stated underneath issued today and dated as 20.09.2010.
The 18.09.2010 was Saturday a non working day for my department.
It was predated to make my writ redundant.
My query is can the Order issued on 20.09.2010 though dated as 18.09.2010 compulsorily retiring me on 18.09.2010 Saturday valid and can I find any fault with this and claim any remedy? Is it not retrospective Order?
Please inform me as to the Course of action.
s.subramanian
(Expert) 12 October 2010
You can amend your writ petition with the leave of the court to add pleadings relating to the malafides of the said retirement order and seek the relief of quashing the same.
