B L SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks the quashing of the order dated September 12, 1975 passed in exercise of the powers conferred by clause (h)(l) of Rule 2046 of the Indian Railway Establishment Code, Volume II whereby a notice was given to the petitioner that he having already attained the age of 50 years on September 17, 1972 shall retire from service with effect from the afternoon of December 12, 1975 or from the date of the expiry of three months computed from the date of the service of the notice on him, whichever is later. In the impugned order, it was expressed that the Railway Board is of the opinion that it is in the public interest to do so.

(2.) Subsequent to the issue of the impugned order of compulsory retirement, the petitioner was served with a memorandum dated September 14, 1976 alleging that the petitioner while functioning as Station Superintendent Western Railway at Bombay and at Ahmedabad during the period between May 30, 1966 and July 11, 1973, was found on July II, 1973, in possession of assets which were disproportionate to his known sources of income to the extent of Rs. 46,023.22 suggesting that the petitioner had acquired the said disproportionate assets by questionable means and/or from dubious sources and thereby he failed to maintain absolute integrity in contravention of Rule 3 of the Railway Services (Conduct) Rules, 1966. The memorandum further stated that the Railway Board considered the Petitioner's services cannot be certified to be thoroughly satisfactory and that, therefore, the DGRG ordinarily payable to him should be withheld. The petitioner on the receipt of the memorandum filed his representation and at the same time fled a petition to the Minister for Railways for quashing the impugned order dated September 12, 1975 of compulsory retirement. Having waited for some time for the decision on his representation, the petitioner filed the present writ petition on March 2, 1978.

(3.) Rule 2046 of the Indian Railway Establishment Code, Volume II reads as follows: