STATE OF PUNJAB Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against an appellate judgment of the High Court of Punjab and Haryana affirming the quashing of a notice retiring the respondent prematurely from Government service.

(2.) The respondent was a Naib Tehsildar in the service of the State of Punjab. It was intended to institute criminal proceedings against him under Section 5 (2) of the Prevention of Corruption Act but the State Government, being of opinion that sanction could not be granted to the proceedings, instead directed the Commissioner, Patiala Division, to institute proceedings for the respondent's premature retirement.

(3.) On May 16, 1968, the Commissioner made an order under Rule 25 (2) (c) (i) of the Punjab Tehsildari Rules, 1932 prematurely retiring the respondent inasmuch as he had attained the age of 55 years. The respondent filed a writ petition against the order, and a learned single Judge quashed the order on the ground that the Commissioner had not applied his own judgment to the question whether the respondent should be prematurely retired, and had acted entirely at the behest of the State Government. A Letters Patent Appeal by the appellants was dismissed by an appellate Bench of the High Court.