Sankar Prasad Mitra, J. - (1.) The appellant is an employee of the posts and Telegraph Department of the Government of India. He has challenged in these proceedings an order of compulsory retirement under Fundamental Rule 56(j)(i) passed on the 25th July, 1972. His application under Article 226 of the Constitution was heard by Anil K. Sen J. By his Judgment delivered on the 28th May, 1973, Sen J. has dismissed the application and discharged the Rule which was issued by this Court. The appeal is directed against this judgment.
(2.) The appellant was born on the 1st March, 1917. He joined the Central Telegraph Office as Clerk on the 15th May, 1937. He was promoted on the 12th February, 1940, as a Telegraphist. In April, 1943, he was promoted as Engineering Supervisor. On the 30th April, 1955, he was promoted as Assistant Engineer. On the 14th August, 1957, the General Manager, Calcutta Telegraphs, by a letter expressed his appreciation of the appellant's work. He was confirmed as Assistant Engineer on the 15th November, 1961. He got an assignment as Construction Officer, Jammu and Kashmir Circle in 1963 and stayed there for about four months. During this period he purchased 1450 tent roofs at the rate of Rs. 1.25 each. In November, 1963, he was charged with misconduct. But on the 3rd June, 1965 he was allowed to cross the first efficiency bar. Then on October 14, 1966 he was absolved and reinstated. But on the 16th November, 1966, the Chairman, P and T Board administered a warning for violation of the Rule in having purchased piecemeal. This has reference to his purchase of 1450 tent roofs at Kashmir. In April 1970, the special Police Establishment, Jammu and Kashmir called upon the appellant to explain certain discrepancies in the Stores Department. He offered explanation which was accepted and on the 31st July, 1970 the case against him was dropped.
(3.) His subsequent report appears to be satisfactory. For instance, on the 4th April, the appellant was recommended for promotion out of turn by the General Manager Telecommunication Factories, Calcutta. On the 3rd June, 1972, he was allowed to cross his last efficiency bar. On the 25th July, 1972, his case was reviewed by the Review Committee. It now appears from a letter dated the 26th November, 1973 from the General Manager, Telecommunication Factories to Shri Samar Banerjee, Advocate appearing for the respondents, which has been filed before us this morning on behalf of the respondents that in this review the appellant's confidential record upto the 31st March, 1972 was considered, The order of compulsory retirement was passed on the 23rd November, 1972.;