H A MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner in this petition under Article 226 of the Constitution of India challenges the action of his premature retirement from service inter alia on the ground that the order is vitiated having been passed in colourable exercise of power since it is based on consideration of irrelevant and non-germane factors and non-consideration of relevant material.

(2.) In order to appreciate the challenge of the petitioner to the order of premature retirement dated 30-4-87 it is necessary to refer briefly to his service particulars.

(3.) Petitioner was appointed to the post of Sales Tax Inspector on 4/11/1959 in the erstwhile State of Bombay. He was promoted to the post of Sales Tax Officer on 26/06/1976. He was thereafter posted at Jamnagar where he worked upto 2 5/06/1982. On 30/06/1980 adverse remarks were communicated to the petitioner for the year 1979-80 against which the petitioner made representation to the appropriate authority. Vide order dated 20/08/1981 his representation against adverse remarks for the year 1979-80 was partially accepted and two out of three adverse remarks were ordered to be deleted.