M M MITAL Vs. UNION OF INDIA

JUDGEMENT

(1.) After having withdrawn a previous writ petition No. 1150 of 1971, this new writ petition No. 38 of 1972 has been filed by Shri M.M. Mital, substantially on the same allegations, challenging the validity of the order of compulsory retirement passed against him by the Government of India on 25-9-1971 under clause (h) of Article 459 of the Civil Service Regulations.

(2.) The impugned order gave notice to Shri Mital "that he shall retire from service with effect from the date of expiry of three months from the date of service of the notice".

(3.) Clause (h) of C.S.R. 459 (corresponding to clause (j) of F.R. 56) under which the petitioner has been retired is as follows:-