B N MITRA Vs. INDIAN AIRLINES

JUDGEMENT

(1.) THIS Rule is directed against the order of compulsory retirement of the petitioner from the service of the Indian Airlines Corporation with effect from 31st March, 1982 in terms of the Service Rule and Regulation. The impugned order is quoted herein at page 96 of the petition which is as follows:

(2.) IT appears that the petitioner joined the service of Indian Airlines Corporation as a medical officer on the 18th September, 1967. On the 9th June, 1969 it appears a post of a senior medical officer was vacant and one Dr. R.K. Baijal was appointed and the petitioner was not even asked to appear before the interview though according to the petitioner he was highly qualified. Be that as it may, it appears that there are some allegations against the petitioner and a preliminary inquiry was held in respect of the allegation but no charge sheet was framed on the basis of the preliminary inquiry. But by the order dated 30th March, 1982, the petitioner was retired compulsorilv, with effect, from 31st March, 1982 by giving three months' salary by an account payee cheque. the petitioner demanded justice and, thereafter, moved this Court and obtained the present Rule.

(3.) IT is argued that as the petitioner was not given three months' notice the order of the retirement ex facie is bad and it is argued also that the payment of three months' salary in lieu of the notice is in violation of the Rule and, therefore, bad.