AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for the following reliefs: 1) For issuance of a writ in the nature of writ of certiorari quashing the order issued by the Respondent No. 5 vide No. E -12012/PR/T.S/2003/1299 dated 7.5.2003 whereby and where under the petitioner has been prematurely retired with effect from 22.6.2003 (FN) in a most illegal and arbitrary manner without assigning any reason for taking such decision and also in violation of Rule 56(j) of the Fundamental Rules since the petitioner has not completed 55 years of age and as such the same is without jurisdiction and has been passed as a major punishment without any material available against the petitioner. 2) For issuance of a writ in the nature of writ of mandamus commanding the respondents to reinstate the petitioner into service with back wages and allow him to continue in service till he attains the age of superannuation and also for other consequential relief(s) for which the petitioner is entitled in accordance with law.
(2.) THE main contention raised by the learned Counsel for the petitioner is that Rule 56(j) of the Fundamental Rules has not been complied with and in this regard he has further referred to and relied upon 56(I) to support his contention. He has also referred to and relied upon 1999 (1) SCC 529 at paragraph -26 to support his contention that what should be considered before passing the order of compulsory retirement in public interest and in particular he has referred to para -26. The learned Counsel for the respondent pointed out that statutory notice was given on 7.5.2003 which is annexed as Annexure -4 as required under Rule 56(j) of the Fundamental Rules. He further submits that in any case he had completed 30 years of service and thus Rule 56(j) was applicable to him and in view of the Fundamental Rule 48 compulsory retirement on completion of 30 years was rightly ordered and thus the order impugned was fully legal and justified. He has also referred to chequered career of the petitioner in which he has listed that as many as fifteen minor and major punishments were given earlier also to him. Thus the order was in public interest.
(3.) I have considered the submission and the pleadings. Rule 56(j) of the Fundamental Rules is quoted as under: F.R.56.(j) Notwithstanding anything contains in this rule, the Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice: (i) If he is, in Group 'A' or Group 'B' service or post in a substantive, quasi -permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years; (ii) In any other case after he has attained the age of fifty -five years; ;