RAMESH PRASAD MAHANTI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for quashing an order of compulsory retirement passed by the State Government on 27-10-1973 in exercise of powers under the First Proviso to sub-rule (a) of Rule 71 of the Orissa Service Code.

(2.) Petitioner was a member of the Orissa Secretariat Service and at the material time was Deputy Secretary to Government in the Irrigation and Power Department. The impugned order reads as follows:

(3.) In view of allegations of mala fides, opposite parties 2, 3, 4, 5 and 6 have filed personal affidavits denying every allegation of bias and mala fide raised by the petitioner against each of them. The return on behalf of the State has also been made by the Home Secretary in his. combined counter-affidavit.