- (1.) THIS appeal is directed against an order by which d. Basu J. made a rule absolute. The rule nisi was issued on an application made by the respondent B. N. Chatterjee under Art. 226 of the Constitution. The respondent was appointed in 1960 in the capacity of an officer of the industrial Management Pool. He held several posts from time to time. He was a director, the managing director, and ultimately the joint manager of the Indian Handicraft Development corporation. In 1963 he was posted as secretary to the Tea Board.
(2.) BY a notice being notice No. F1|19|69|imp dated nil, January, 1968 intimation was given to the respondent that under Fundamental Rule 56 (j) he was to retire from service with effect from the expiry of three months from the date of service of the notice.
(3.) IN his petition the respondent seeks to challenge the validity of the notice on several grounds. One of the grounds taken is that the notice of retirement has nut been and does not purport to have been given in public interest. The respondent also alleged that the notice was served on him malafide. The relevant clauses of fundamental Rule 56 are set out below : "f. R. 56 (a) Except as otherwise provided in this rule, every Government Servant shall retire on the day he attains the age of fifty-eight years. (j) Notwithstanding anything contained in this rule the appropriate authority shall, if it is of the opinion, that it is in the public interest to do so, have the absolute right to retire any government Servant after he has attained the age of fifty-five years by giving him notice of not less than three months in writing. ";