DATTATRAYA Vs. STATE OF M.P. AND ORS.

JUDGEMENT

(1.) By this writ petition filed under Articles 226 and 227 of the Constitution of India, petitioner prays for quashing of the order dated 14.10.1986 whereby he has been visited with penalty of censure. Further prayer made by the petitioner is to direct the respondents to promote him to the State Higher Judicial Service as District Judge, with all consequential benefits.

(2.) Short facts giving rise to the present writ petition are that by order dated 9th of Nov. 1976, petitioner was promoted to the post of Additional District; and Sessions Judge and posted at Neemuch. While he was posted as such, a departmental enquiry was initiated against him. After the enquiry, the Enquiry Officer submitted its report. However, before any decision on the said report of Enquiry Officer could be taken, petitioner's case was placed for consideration before the full Court in its meeting held between 28.4.1983 to 30.4.1983 and the full Court resolved to retire the petitioner from service on the day he completes the age of 55 years under fundamental rule 56 (3) on payment of 3 months salary in lieu of notice. On the recommendation of the High Court, the State Government issued order retiring the petitioner from the date of receipt of the order.

(3.) Aggrieved by the order of compulsory retirement, petitioner challenged the same by filing M.P. No. 368/1964. In the said writ petition besides praying for quashing of the order of compulsory retirement dated 20.09.1982, petitioner also made the following prayer :