H S SUBBANNA Vs. STATE OF MYSORE

JUDGEMENT

(1.) Petitioner who was working as Medical Officer of the Industrial Institute at Bangalore has been compulsorily retired from service in exercise of the power under Note-1 appended to Rule 285 of the Mysore Civil Service Rules. He impugns the said order on several grounds set out in the affidavit in support of the petition. Apparently in view of the fact that most of the contentions are now covered by rulings of the Supreme Court and of this Court, the only point which has been strongly urged by Mr. Venkataranga lyengar for the petitioner is that the order, in the" circumstances of the case, must be held to have been vitiated by bias and mala fides.

(2.) The case of the bias, briefly stated, is that the Director of Employment and Training had what is described in the affidavit as "a sort of hatred and prejudice towards the petitioner" and that it is this prejudice that has ultimately operated in the making of the order of compulsory retirement.

(3.) The order was preceded as in the case of several others by the examination of the petitioner's case from the point of view of Note-1 to Rule 285 of the MCSRs. by a committee called the Screening Committee, The members of that Committee were the Secretary and the Under-Secretary of the Department of Food, Supply and Labour, the Director of Employment and Training mentioned above and the Joint Director of the same Dept. The report of the Committee was later placed before the Minister for Labour and it is only after the examination of the case that way that the petitioner was compulsorily retired from service.