JAGGANNATH DWARKANATH RAJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition raises a difficult question under the Bombay Civil Services Rules, as amended by the Bombay Civil Services (7th Amendment) Rules, 1971.

(2.) THE petitioner challenges the order dated June 9, 1971 and the order dated July 21, 1971 purporting to have been passed by the Inspector General of Police, Maharashtra State, under the said Amendment Rules of 1971 compulsorily retiring the petitioner 'from the date of expiry of three months' period from the date of receipt of the notice' dated July 21, 1971.

(3.) NOTWITHSTANDING these facts, however, the petitioner received on November 2, 1970 a confidential memo or order dated October 15, 1970 through the Superintendent of Police, Parbhani, informing him that the Government had decided that he should be retired from service prematurely, unless he himself would elect to retire voluntarily by giving three months' notice. The said order was challenged by the petitioner in Special Civil Application No. 2805 of 1971 contending, inter alia, that the Rule under which he was compulsorily proposed to be retired was illegal inasmuch as the prior approval of the Central Government as required by the provisions of the States Reorganisation Act was not taken by the Government of Maharashtra before enacting the said Rule or before enforcing it. After the petition was admitted, the Government withdrew the order and the petitioner dropped the application.