VIGILANCE MANUAL VOLUME III - AP Online

582 DECISION - 275
be attached to the confidential reports pertaining to the years
immediately preceding such consideration. It is possible that a new
entrant to a service may have committed mistakes and for that reason
he may have earned adverse entries and if those entries of early
years of service are taken into consideration then perhaps no
employee would be safe even though he may have brilliant record of
service in later years. The Supreme Court observed that if entries
for a period of more than 10 years past are taken into account, it
would be an act of digging out past to get some material to make an
order against the employee. During the period of 10 years past, the
appellant had adverse entries for 1971-72 and 1972-73 but
representations submitted by him admittedly remained undisposed
of. They cannot as such be taken into consideration. Unless the
representation is considered and disposed of, it is not just and fair to
act upon those adverse entries. The Supreme Court held that the
order of the State Government is not sustainable in law.
(275)
Pension Rules — withholding / withdrawing pension
Open to State Government to direct deduction in
pension on the proof of allegations where order of
dismissal is quashed by High Court on technical
grounds and not on merit and Government servant
retires from service on attaining age of
superannuation before the completion of
proceedings.
State of Uttar Pradesh vs. Brahm Datt Sharma,
1987(3) SLR SC 51
The respondent was employed as an Executive Engineer in
the Irrigation Department of the State of Uttar Pradesh. A number of
charges were framed against him and on their being proved in a
departmental inquiry, he was dismissed from service by the State