STATE OF MADHYA PRADESH Vs. GANEKAR MOTGHARE

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the order of the High court of Madhya Pradesh, Jabalpur, Gwalior bench dated 6/09/1985 quashing the State governments order dated 21/08/1984 prematurely retiring the respondent from service.

(3.) The respondent was holding the post of Deputy Director of Geology and Mining in the State of Madhya Pradesh. The State government constituted a committee for screening the service roll of its employees for considering the question of compulsory retirement on attaining the age of 55 years. The Screening Committee which included Shri S. S. Dave, Director of Geology and Mining Department of the government of Madhya Pradesh, on examining the service records of the respondent made recommendation to the government for his premature retirement. Pursuant to the Screening Committee's recommendation the State Government by its order dated 21/08/1984 retired the respondent compulsorily from service under Rule 56 of the Fundamental Rules. The respondent challenged the validity of the State governments order by means of a writ petition under Article 226 of the Constitution before the High court (Gwalior bench). The High court quashed the State governments order on the finding that the participation of Shri S. S. Dave in the deliberation of the Screening Committee vitiated its recommendation and also consequently order of the State government on the doctrine of bias. The High court further held that since Shri S. S. Dave had on an earlier occasion awarded adverse remarks against the respondent he was biased in law and therefore he was disqualified to be a member of the Screening Committee and his participation in the Screening Committee rendered his recommendation invalid. The High court placed reliance on the decision of this court in A. K. Kraipak v. Union of India