G W ELIAS Vs. HINDUSTAN AERONAUTICS LTD

JUDGEMENT

(1.) Order dated 30.08.1976 (Annexure-A) under which petitioner has been compulsorily retired from seivice is questioned mainly on two grounds, namely : (i) conclusion reached on uncommunicated confidential reports was illegal and void, and (ii) vitiated by malafides.

(2.) Petitioner was working as Chief Super isor from 9.5.1958 to 31.8.1976 in Assembly and Overhaul Shop Section in the establishment ot the first respondent and later assigned to Stores Department from 21.4.1976 to 31.8.1976. Respondents contended that an order made in public inicrest cannot be interfered with, unless it was made lor collateral purposes or based on irrelevant consideration, in exercise ot power under Article 226 of the Constitution.

(3.) Though there was very little controversy on facts considerable arguments were addressed at the Bar citing various decisions of the Supreme Court which prima facie looked irreconcilable.