LAXIMARAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE District and Sessions Judge, Guna by his order of 21. 1. 1981 has compulsorily retired the petitioner with effect from 30 -4 -1981. The petitioner by this petition under Article 226 of the Constitution of India seeks the quashing of that order.

(2.) THE petitioner was appointed as Class III servant on 19. 1.1948 in the Judicial Department of the Government of Madhya Bharat (now Madhya Pradesh) and confirmed by the order of the District and Sessions Judge, Guna of 24 -11 -1979 (Annexure A). He after having put in 321/2 years of service was compulsorily retired under rule 42 of the M. P. Civil Services (Pension) Rules 1976 by the order of the District and Sessions Judge of 21 -1 -1981 (Annexure B) The petitioner's grievance is that throughout his service he worked hard without any adverse remarks having been communicated to him or there being any complaint against him. He pursuant to the order made representations to the State Government and the High Court, the latter of whom stayed the operation of the order till the disposal of his representation, but he came to know later on that that representation had been rejected. He contends that the order in question is unconstitutional, arbitrary and mala fide.

(3.) THE only question for decision by me is whether the order in question deserves to be quashed.