(1.) This writ petition was filed by an ex-employee of the Reserve Bank of India praying inter alia as follows:
(2.) Admittedly the age of retirement of the service is 55 years. The petitioner was directed to continue his service beyond such period. The date of retirement of the petitioner is April 30, 2002. The Governor of the Reserve Bank of India which includes a Deputy Governor/ Executive Director with the approval of the committee of Central Board decided to retire him in the public interest with effect from October 27, 2001. Admittedly, the petitioner had (sic) withdrawn all his retiral benefits immediately before filing of the present writ petition. No monetary loss was caused for such retirement to the petitioner even the retirement was made little earlier.
(3.) According to Mr. Lakhi Kanta Gupta, learned senior counsel appearing for the petitioner the order impugned is malicious, punitive and colourable exercise of the power. Relevant part of Rule 26 of the Reserve Bank of India (Staff) Regulations, 1948 is as follows :