A.K. Mookerjee, J. - (1.)This Rule is directed against an order passed by the Superintendent of Police, 24 -Parganas, dated August 13, 1973, by which the Petitioner was made to retire in public interest in pursuance of Rule 75(aa) of the West Bengal Service Rules, Pt. I, 1971, as amended.
(2.)The Petitioner joined the Police department as a literate constable on August 28, 1936. Thereafter, he was promoted to the post of Sub -Inspector sometime in 1947 and was confirmed in the said rank in 1961. At the material time, the Petitioner was the Court Sub -Inspector attached to the Barasat Court. He attained the age of 55 years on July 1, 1971. He was directed to retire by an order of compulsory retirement with effect from July 4, 1973. The Petitioner challenged the said order in an earlier proceeding under Article 226 of the Constitution. The said Rule was disposed of as the Respondents withdrew the notice of premature retirement, but they were given liberty to issue a fresh notice without prejudice to the rights and contentions of both the parties. The previous order was withdrawn on August 10, 1973, by the Superintendent of Police, 24 -Parganas. On August 13, 1973, a fresh order was issued directing the premature retirement of the Petitioner with effect from the date of communication of the said order and with a further direction that in lieu of three months' notice, three months' pay and allowance would be paid to the Petitioner. The Petitioner being aggrieved by the said order moved this Court in an application under Article 226 of the Constitution and obtained the present Rule.
(3.)Mr. Chakraborty, appearing on behalf of the Petitioner, contended that there was no compliance of the provisions of Rule 75(aa) of the West Bengal Service Rules, pt. I, in view of the fact that the appointing authority did not form his independent opinion whether the Petitioner should be retired in public interest. Mr. Chakraborty also referred to a memorandum issued by the Chief Secretary to the Government of West Bengal dated May 16, 1973, which is annex. E to the petition, wherein certain procedures were required to be followed in cases of premature retirement of the State Government officers under Rule 75(aa).