- (1.) THE petitioner was a member of the U. P. Higher Judicial Service and was posted as Additional District & Sessions Judge, Deoria. He was compulsorily retired by an order of the Governor (appointing authority) dated 17-5-2005, a copy of which has been enclosed as Annexure-I to the writ petition. THE petitioner, by this writ petition, challenges the said order of compulsory retirement.
(2.) IT is not disputed that the order of compulsory retirement has been passed on the recommendation of the Screening Committee, which was approved at a Full Court meeting of the Allahabad High Court and upon the consequent recommendation by the High Court to the Governor. In the case of Baikuntha Nath Das v. Chief District Medical Officer, reported in (1992) 2 SCC 299, it has been held by the Supreme Court in paragraph 34 of that law report that an order of compulsory retirement can be interfered with under Article 226 of the Constitution of India only if the Court is satisfied that the order has been passed (a) mala fidely, or (b) that it is based on no evidence, or (c) that it is arbitrary in the sense that no reasonable person would form the requisite opinion on the given material; in short, if it is found to be a perverse order. The impugned decision has to be judged in the light of the above parameter, which has been reiterated subsequently in a catena of decisions by the Supreme Court without exception.
(3.) COUNTER and rejoinder affidavits have been exchanged and we have heard learned Counsel for the petitioner, viz. Sri Murli Dhar, Senior Advocate, assisted by Sri R. P. Tiwari, Advocate, learned Standing Counsel representing the State and Sri Amit Sthalekar representing the Allahabad High Court (respondent No. 1 ). We find from the counter-affidavit of the High Court that the petitioner joined the U. P. Nyayik Sewa as a Munsif on 5-11-1975 and after completion of training he was posted as Munsif, Ghaziabad, on 25-1- 1980.;