K. N. Singh, J. - (1.) This petition is directed against an order of the State Government dated 24th March, 1973, retiring the petitioner compulsorily from service under Fundamental Rule 56 (a) by giving him three months salary.
(2.) The petitioner joined Government service in 1939 as Excise Inspector. In 1959, he was promoted to the post of Superintendent, Excise Department. In 1960, he was appointed Assistant Excise Commissioner. Later on, in the year 1970-71 his promotion was approved by the Public Service Commission. He completed the age of 55 years on 31st December, 1972. but before the petitioner could reach the age of superannuation, he was compulsorily retired from service by an order of the State Government dated 24th March, 1973, issued under Fundamental Rule 56 (a) which stated that the Government was satisfied that it was in public interest to retire the petitioner from service with effect from the date of the service of the order on giving him three months salary in lieu of period of notice. The petitioner has challenged the validity of that order in the present petition.
(3.) Sri S.C. Khare learned counsel for the petitioner, urged that the impugned order has not been passed in public interest, instead it has been issued arbitrarily on extraneous considerations. He urged that the petitioners work and conduct was excellent and there was nothing on record to show that the petitioners work and conduct was not above average, even then he was prematurely retired in contravention of statutory directions issued under the Government Order dated 26th November, 1969. It was further urged that at the time the petitioner completed 55 years of age an assessment of his work and conduct was made by the authorities concerned for retaining him in service till he attained the age of 58 years. The Excise Commissioner as well as the Secretary of the Excise Department on an overall assessment of the petitioners work and performance for the last ten years recommended that the petitioner be retained in service till he attained the age of 58 years, the Secretary of the Appointment Department also agreed with the proposal but the then Minister of Excise Sri Swami Prasad Singh disagreed with their recommendation and passed the impugned order arbitrarily on account of mala fides.;