Goswami, J. - (1.) These appeals by certificate are from the judgment of the Division Bench of the Allahabad High Court centering round an order of compulsory retirement of a senior officer in the Indian Administrative Service.
(2.) The first respondent, Chandra Mohan Nigam, (briefly the respondent) was recruited in the Indian Administrative Service in Uttar Pradesh Cadre as a War-service candidate in 1946 and he joined service on March 23, 1947. For the purpose of seniority, etc. he was allotted to the year 1941. In 1949 he was promoted to the senior scale. He was appointed Commissioner of Faizabad and Gorakhpur Divisions in 1962. On June 4, 1967, he was posted as Secretary, Local Self Department in the State Government. He was appointed Judicial Member of the Board of Revenue in 1969. He attained the age of 50 years on Dec. 29, 1967. By an order dated Aug. 22, 1970, the President of India, in consultation with the Government of Uttar Pradesh, in pursuance of the power conferred by sub-rule (3) of rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules 1958, passed the impugned order of compulsory retirement of the respondent in the public interest on the expiry of three months from the date of service of the order.
(3.) The respondent challenged the said order by a writ application before the Allahabad High Court and the learned single Judge allowed the same on the grounds of "contravention of the justiciable and binding rules and because the order was based on consideration of irrelevant matters and was also vitiated by bias.";