KRISHENA KUMAR Vs. S P SAKSENA

JUDGEMENT

(1.) This is an appeal by certificate from a judgment of the Delhi High Court dismissing a petition under Art. 226 of the Constitution filed by the appellant challenging a notice dated August 22, 1966 in respect of his retirement and also a notification dated December 3, 1966 declaring that he had been retired from service.

(2.) The appellant joined service in class III in the Railway Audit in the year 1927. He was promoted to the higher class and was ultimately appointed substantively to the post of Assistant Audit Officer in the Northern Railway Audit Office in August 1959. In January 1963 he was made Officiating Deputy Chief Auditor in the same Railway. However, on July 4, 1964 he was reverted from that post to that of Divisional Audit Officer. On March 10, 1965 he was reverted to his original substantive post, namely, that of the Assistant Audit Officer. It is unnecessary to give details of other facts and events including those which were alleged in the writ petition filed in the Delhi High Court on August 30, 1965 (C. W. Petition No. 509-D of 1956) which is still pending.

(3.) By means of a notice dated August 22, 1966 issued under the signature of the Chief Auditor, Northern Railway, under clause (j) of Rule 56 of the Fundamental Rules as substituted by the Fundamental Rules (6th Amendment) 1965 by means of a notification dated July 21, 1965, the appellant was informed that he would retire from service with effect from November 25, 1966 on which date he would be attaining the age of 55 years. The last part of the notice was as follows:-