Pathak. J. - (1.) This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh upholding an order compulsorily retiring the appellant from the post of District and Sessions Judge.
(2.) The appellant, a member of the judicial service of Madhya Pradesh, was promoted to the post of District and Sessions Judge in April, 1969. On 6th October, 1977 an order was made appointing him to a Selection Grade post. He was thereafter appointed temporarily as Presiding Judge, State Transport Appellate Tribunal, Madhya Pradesh, Gwalior. On 28th September, 1979 the State Government made an order under Fundamental Rule 56 (3) of the M. P. Shashkiya Sewak (Adhiwarshikya Ayu) Sanshodhan Adhiniyam, 1976 purporting to retire the appellant in the public interest.
(3.) The appellant filed a writ petition in the High Court of Madhya Pradesh against the retirement order, but the writ petition was dismissed by the High Court on 12th October, 1979. Before the High Court the appellant did not dispute that there was power to compulsorily retire him under Fundamental Rule 56 (3) but he contended that there was no material before the High Court to lead to the conclusion that his retirement would be in the public interest and he described the order as mala fide and arbitrary. The High Court noted that the petitioner had attained the age of 55 years and held that his retirement was in accordance with the terms and conditions of service and in consonance with Fundamental Rule 56, and rejected the contention that the impugned order was mala fide or arbitrary.;