Amiya Kumar Mookerjee, J. - (1.) This Rule is directed against an order dated 3rd May, 1974 as of compulsory retirement passed by the Member, Board of Revenue, West Bengal under clause (aa) (i) of Rule 75 of West Bengal Service Rules, Part I.
(2.) The petitioner entered into government service on September 21, 1942 as a Steno-typist in the Dhinajpur Collectorate. His date of birth was recorded in the service records as 1-9-1920. In the year 1945 the petitioner was promoted to the post of Sub-Inspector of Civil Supplies, thereafter he became Inspector. He was transferred from Civil Supplies Department to Land Records and Surveys Department and was appointed as Settlement Kanungo.
(3.) In 1958 the petitioner was promoted to the post of Revenue Officer, Grade II. Under a notification dated 7-9-61 the petitioner was vested by the Governor the powers of the Revenue Officer for the purpose of West Bengal Estates Acquisition Act, 1953 with the additional designation of "Assistant Settlement Officer". On 27th of September, 1967, he was placed under suspension with effect from 1st October, 1967. He was served with a charge-sheet. He submitted his explanation to the charge-sheet. It is alleged by the petitioner that there was an enquiry but result was not intimated to the petitioner. A criminal case under Section 420/120B I. P. C. was started against him before the Judicial Magistrate, Malda and the same is still pending. On 20th September, 1968 another charge-sheet was issued by the respondent No. 2 on almost identical charges, upon which the previous charge-sheet was issued. The petitioner moved this Court against the aforesaid charges and obtained Civil Rule 3911 (W) of 1969. By an order of this Court dated 16th August, 1971 the said Rule was made absolute. The charges against the petitioner were quashed. The respondents preferred an appeal against the said order and that appeal is still pending. Thereafter, the petitioner was transferred to Chathat Camp under Islampur charge It appears that certain incidents took place in bis camp on 8th September, 1973 Respondent No. 6 by a memorandum dated 20-8-73 asked the petitioner to explain certain queries. Reply was given by the petitioner. Subsequently, the petitioner was served with an order dated 21-4-73 directing him not to take up hearing objection cases under Sections 44(1) and 44(2) of the West Bengal Estates Acquisition Act. On 29th October. 1973 he was served with an order of transfer issued by the respondent No. 5. He made) representation against the order of transfer. On 7-11-73 the petitioner was served with an order dated 15-9-73 issued by the Governor cancelling the power of the petitioner under Section 44(2A) of the West Bengal Estates Acquisition Act, 1953 which had been vested on him on 15th October, 1958. Thereafter, on the 3rd May, 1974, the impugned order of compulsory retirement was passed by the respondent No. 4. The petitioner being aggrieved moved this Court in an application under Article 226 of the Constitution and obtained the present Rule.;