Sisir Kumar Mukherjee, J. - (1.)This appeal is directed against a judgment and order of Amiya Kumar Mookerji J.dated July 7, 1975 by which his Lordship discharged a Rule.By the Rule the appellant B. K. Ghose,latterly the Director of Public Prosecutions, sought to impugn an order dated March 11, 1975 by which he was compulsorily retired by the Governor, in exercise of the power conferred by Cl. (ii) of Sub - Rule (aa) of Rule 75 of the West Bengal Service Rules, Port. I on the ground that the Governor, being the appointing authority, was of the opinion that it was in the public interest so to do. It is not in dispute that the appellant has completed the age of 56 years.
(2.)The appellant was appointed temporarily on Aug. 16, 1961 to the post of Director of Public Prosecutions, West Bengal, a Class I post, in the Judicial Department. Rule 4 of the West Bengal Service (Temporary and quasi - permanent status) Rules, 1967 provides that a temporary Government servant should be deemed to be in service with permanent status if he has been in continuous temporary or quasi - permanent service for more than 5 years, and necessary declaration has been made by the appointing authority. No such declaration was made and the appellant's service therefore remained throughout of a purely temporary character and could be terminated by giving one month's notice or one month's pay and allowances in lieu thereof as prescribed by Rule 5.
(3.)It appears that a criminal case was started before the Court of the Sub - Divisional Magistrate, Alipore against three persons, Amiya Roy Chowdhury alias Dadaji, Anjali Banerjee and Rathindra Banerjee.