Desai, J. - (1.) Murari Mohan Deb, a Forester in the employment of Tripura. Government was compulsorily retired from service by the order dated October 12, 1962 of the 4th respondent Chief Forest Officer. Since then he is knocking at the doors of the courts in search of illusory justice and chased mirage till he reached the age of superannuation. Alas! the ways of justice like the ways of Providence are inscrutable. And who is to blame, if not, the system.
(2.) The appellant questioned the correctness and validity of the order of compulsory retirement in Writ Petition No. 22 of 1964 which came to be disposed of after a lapse of six years on November 28, 1970. In his writ petition the appellant had impleaded (1) The Secretary to the Government of India, Ministry of Home Affairs, (2) The Chief Commissioner, Tripura, (3) The Secretary to the Government of Tripura, Forest Department and (4) The Chief Forest Officer, Government of Tripura, last one being the one who had passed the impugned order of compulsory retirement. The grievance in the writ petition was that penalty of compulsory retirement was imposed upon the appellant without affording the appellant an adequate opportunity to defend himself and to explain the charges levelled against him. In short it was alleged that the enquiry was held in violation of the principles of natural justice.
(3.) The respondents resisted the writ petition inter alia contending that as the punishment of compulsory retirement does not tantamount to dismissal or removal from service as contemplated by Art. 311(1) and therefore, no formal enquiry was necessary to be held before imposing the penalty. It was contended that adequate opportunity was afforded to the appellant to controvert the charges and defend himself.;