STATE OF GUJARAT Vs. L. D. PANDOR

JUDGEMENT

(1.) The State seeks to address a challenge to judgment and order dtd. 13/10/2016 of learned single Judge allowing the Special Civil Application, filed by the respondent - petitioner.

(2.) Whether learned single Judge was justified on facts and in law in setting aside the order dtd. 22/1/2004 passed by the respondent No.1- the Director General and the Inspector General of Police of compulsory retiring the petitioner, is the central issue to be considered by the court.

(3.) The respondent herein- original petitioner, having joined the services as Junior Clerk in the year 1975, came to be promoted as Senior Clerk, thereafter, also as Head Clerk upon passage of seven years and lastly, stood promoted as Office Superintendent in the same office in the year 2003. It was stated that when the petitioner completed fifty years, Rule 161 (1) of the Bombay Civil Services Rules, 1959 was invoked against the petitioner retiring him compulsorily. It was the said order which was called in question by filing the writ petition.