R N THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Y.N.Oza, learned senior advocate with Mr.M.J.Mehta, learned advocate for the petitioner and Mr.Neeraj Soni, learned advocate for the State.

(2.) BY way of this petition, challenge is made to the order dated 01.08.1989, whereby the petitioner, who at the relevant time was working as Deputy Superintendent of Police, was retired in public interest prematurely. The said order was passed by the Government in purported exercise of powers under Rule 161(1)(aa) of the Bombay Civil Services Rules, 1959.

(3.) ON the other hand, learned Assistant Government Pleader Mr.Soni, by referring to the affidavit-in-replies, filed on behalf of the respondent authorities, vehemently contended that on overall consideration of the service record of the petitioner, the impugned order was passed. In this regard, learned Assistant Government Pleader has specifically referred to the affidavit-in-reply filed on behalf of respondent authorities through one Mr.J.R.Modi, Under Secretary to the Government of Gujarat, Home Department. Learned Assistant Government Pleader also contended that this Court, in exercise of powers under Article 226 of the Constitution of India may not re-appreciate the suitability of the petitioner, for continuance in service, as Deputy Superintendent of Police and the impugned order may not be interfered with.