P.K.BANERJEE, J. - (1.) THIS Rule is directed against the order of compulsory retirement of the petitioner from the service of the Indian Airlines Corporation with effect from 31st March, 1982 in terms of the Service Rule and Regulation. The impugned order is quoted herein at page 96 of the petition which is as follows: From Deputy Managing Director Indian Airlines, Headquarters. To Dr. B.N. Mitra, Assistant Chief Medical Officer, Indian Airlines, Eastern Region, Calcutta. Ref: HP001/M -2501 Date: 30th March, 1982. This is to inform you that it has been decided to retire you from the service of Indian Airlines with effect from the afternoon of 31st March, 1982 in terms of Service Rule 12 of Service Regulations as applicable to you. Accordingly, you will stand relieved with effect from the close of working hours on 31st March, 1982. A crossed cheque No. OC 555649 for Rs. 12,903 in lieu of three months' notice period is enclosed herewith. Your accounts will be settled by Finance Department, Eastern Region, Calcutta after checking your commitments. End: Cheque No. OC 555649 dated 30th march, 1982 for Rs. 12,903/ - Sd. Capt. N.M. Pereira, Deputy Manaing Director.
(2.) IT appears that the petitioner joined the service of Indian Airlines Corporation as a medical officer on the 18th September, 1967. On the 9th June, 1969 it appears a post of a senior medical officer was vacant and one Dr. R.K. Baijal was appointed and the petitioner was not even asked to appear before the interview though according to the petitioner he was highly qualified. Be that as it may, it appears that there are some allegations against the petitioner and a preliminary inquiry was held in respect of the allegation but no charge sheet was framed on the basis of the preliminary inquiry. But by the order dated 30th March, 1982, the petitioner was retired compulsorilv, with effect, from 31st March, 1982 by giving three months' salary by an account payee cheque. the petitioner demanded justice and, thereafter, moved this Court and obtained the present Rule. Mr. A.K. Dutta, appearing on behalf of petitioner, contended firstly that under Rule 12 of the Indian Airlines Corporation it is provided as follows: An employee shall retire from the service of the Corporation on attaining the age of 58 years provided that the competent authority may retire an employee after he attains the age of 55 years on giving 3 months' notice without assigning any reason. 'An employee, (a) on attaining the age of 55 years; or (b) on the completion of 25 years of continuous service may by giving three months' notice voluntarily retire from service:Provided that the voluntary retirement under Clause (b) shall be subject to approval of the competent authority.
(3.) IT is argued that as the petitioner was not given three months' notice the order of the retirement ex facie is bad and it is argued also that the payment of three months' salary in lieu of the notice is in violation of the Rule and, therefore, bad.;