JASHVANTSINH J GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of this petition, the petitioner has sought for quashing the order dated 3rd April, 1986 Annexure "D" to the petition passed by the Superintending Engineer, Karjan Irrigation Circle, Rajpipla, passed on the basis of the order dated 31.3.1986 of the Under Secretary, Government of Gujarat, Narmada Development Department, whereby the petitioner was directed to retire from Government service at once under Clause 9(aa)(i)(1) of Rule 161(1) of the Bombay Civil Service Rules, 1959 (hereinafter referred to as the Rules) as amended from time to time. The petitioner was also directed to be paid three months' notice pay and allowances in lieu of the notice period as laid down under the aforesaid clause. The petitioner has further prayed for a direction to the respondents to continue him in service on the post of Deputy Executive Engineer, Rajpipla.

(2.) The petitioner joined the services of the State Government on 31st July, 1956 and he worked in various capacities including that of supervisor and was working as Deputy Executive Engineer with Narmada Development Authority at the relevant time. The petitioner was communicated adverse remarks for the period from 1.4. 1984 to 31.3.1985 made in Para III which are in the following words:

(3.) The learned advocate for the petitioner submitted that order of premature retirement is arbitrary and it is not passed in public interest.