RASIKLAL LABHUBHAI SAYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, by filing this petition under Article 226 of the Constitution of India, has challenged order dated 30.6.2001 passed by the Member Secretary, Gujarat Water Supply and Sewerage Board, Gandhinagar for compulsory retirement of the petitioner from the post of Superintending Engineer (Civil) as well as the order dated 13.5.2002 passed by the Chief Administrative Officer refusing to accept the appeal filed by the petitioner against the order of compulsory retirement.

(2.) THE case of the petitioner is that he joined as Junior Engineer in Panchayat and Health Department on 4.1.1969 and was promoted to the post of Deputy Executive Engineer with effect from 1.1.1978 and was further promoted as Executive Engineer with effect from 22.1.1993 and thereafter, he was lastly promoted to the post of Superintending Engineer with effect from 3.2.2000. It is his further case that after he resumed duties as Superintending Engineer at Amreli, in the month of November, 2000, he was transferred at Gandhinagar where he could hardly work for some period and all of a sudden, he was compulsorily retired by order dated 30.6.2001 by exercising powers under Rule 161(1) (aa) of the Bombay Civil Service Rules ("BCSRs" for short) under the guise of public interest.

(3.) THE petitioner has filed rejoinder to the said reply affidavit stating that except the order of suspension passed against the petitioner dated 22.5.1999, and the letter of the Chief Engineer dated 19.6.2001, there was nothing adverse against the petitioner which called for passing of the order of compulsory retirement against the petitioner.