ABDUR RAHIM AHMED Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner was a member of the Mysore Judicial Service holding the rank of Civil Judge. In the normal course he should have retired on 4 May, 1967 on his attaining the age of superannuation, i.e., 55 years. On 14 October, 1966, the Governor of Mysore made the following order retiring him compulsorily under note 1 to rule 285 of the Mysore Civil Services Rules : ORDER

(2.) In this petition under Art. 226 of the Constitution, the petitioner has challenged the order compulsorily retiring him.

(3.) The first ground urged by Sri S. K. Venkataranga Ayyangar, learned counsel for the petitioner, was that as the petitioner was a member of the subordinate judiciary the controlling authority under Art. 235 of the Constitution was the High Court and not the Government, and that the Governor was not competent to make an order compulsorily retiring a member of the Judicial Service.