BHOOTARAM Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioner was initially appointed on the post of Patwari with effect from September 1, 1951. An order of compulsory retirement was passed vide order No. LR/Estt/5229 dated July 31,1978 by the Collector, Jalore under Rule 244(2) of the Rajasthan Service Rules, 1958 Aggrieved, the petitioner preferred an appeal before the Rajasthan Civil Services Appellate Tribunal (which will hereinafter, for the sake of brevity, be referred to as 'the Tribunal'). The memorandum of appeal has been filed by the petitioner marked as Ex. 1 The Tribunal, by its order (Ex 3) dated June 13,1979, dismissed the appeal. The petitioner has filed this writ petition praying that the impugned order (Ex. 3) dated June 13, 1979 passed by the Tribunal, may be quashed, and that the petitioner may be reinstated on the post of Patwari with all consequential benefits as if the order of compulsory retirement had never been passed against the petitioner.

(2.) I have heard Mr. M.R. Calla, learned Counsel for the petitioner at some length.

(3.) The first contension of Mr. Calla is that the order of compulsory retirement is vitiated in as much as the appointing authority (Collector) had failed to exercise independent discretion in the matter because of circular dated April 19/24th April, 1972, which is as under: