STATE OF GUJARAT Vs. NARENDRAKUMAR V PARIKH

JUDGEMENT

(1.) The appellant - State of Gujarat has preferred the present Appeal under clause 15 of the Letters Patent and has challenged the judgment and order dated 18th January, 1999 passed by the learned Single Judge in Special Civil Application No.5036/1991.

(2.) The respondent then a Social Welfare Officer (Training) was, by order dated 19th June, 1991, compulsorily retired from service in exercise of power conferred by clause (aa)(i)(1) of Rule 161(1) of the Bombay Civil Services Rules, 1959 (hereinafter referred to as "the Rules").

(3.) Feeling aggrieved, the respondent preferred the above Special Civil Application No.5036/1991 under Article 311 of the Constitution. The learned Single Judge examined the records and was pleased to hold that, "...It is, therefore, clear that the inquiry proceedings were short circuited and the charges, which were subject matter of the inquiry, were made use of by the Committee, which considered the petitioner's case for compulsory retirement and it can not be said that these charges did not weigh with the Committee in arriving at the recommendations for his compulsory retirement." As a result the learned Single Judge was pleased to set aside the impugned order of compulsory retirement and to hold that the respondent shall be entitled to all consequential benefits till the date of his retirement on attaining the age of superannuation and the retiral benefits as if the impugned order dated 19th June, 1991 had never been made against the respondent.