SHRI BHAG SINGH BALI Vs. UNION OF INDIA

JUDGEMENT

(1.) On May 9,-1968 Shri Bipin Manik Lal, Collector of Central Excise, Madhya Pradesh and Vidarbha, Nagpur (to be herein after referred to as "the Collector"), by his order dated May 9, 1968 directed compulsory retirement from Government service of Shri Bhag Singh Bedi, Sub-Inspector of the Central Excise. The appeal filed against that order was rejected by the Central Board of Excise and Customs on Aug. 1, 1969. Thereafter on Nov. 25, 1969 Shri Bedi filed this writ petition for challenging the legality of the imposition of the penalty of compulsory retirement from Government service on him and for getting the orders of the disciplinary authority and the appellate authority quashed.

(2.) The petitioner had joined service in the year 1946 as Supervisor in the office of the Assistant Collector of Central Excise at Kohat, in the then North-Western Frontier Province. Subsequently the designation of the post held by him was changed from Supervisor to Sub-Inspector. Admittedly he became a confirmed Sub-Inspector in the department of Central Excise and Customs in the year 1951. On transfer to Ujjain Division he joined the M.O.R. Ratlam in Aug. 1962. On Feb. 28, 1966 his transfer orders from Ratlam to Gwalior circle were issued by the Collectorate of Establishment (vide order No. 34/66).

(3.) It appears that the petitioner did not want to leave Ratlam. He made a request to the Collector that his transfer may be deferred till the completion of his children's education at Ratlam. The Collector only agreed to the transfer remaining in abeyance till the end of June, 1966. The order made by the Collector was as under and a copy thereof was sent to the petitioner by endorsement C. No. II (3) 6/6/35266 to 272 dated 20-4-1966: