RABINDRA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application for a writ of certiorari asking for quashing of the order of compulsory retirement passed by the Governor in exercise of powers conferred under the first proviso to sub-rule (a) of Rule 71 of the Orissa Service Code.

(2.) Petitioner was recruited as Assistant Public Prosecutor with effect from 30th of May, 1955 and was confirmed in the said post from 1-6-1957. He came to officiate as Deputy Superintendent of Police from March, 1963, in which post he was confirmed with effect from 9-5-1968. According to petitioner he became eligible for consideration for promotion to the cadre of Indian Police Service, but his case was not considered appropriately by the Selection Committee. Petitioner filed a writ application being O. J. C. 280 of 1973 before this Court alleging discriminatory treatment meted out to him. In the Selection Committee the Inspector General of Police was one of the members. When the question of reviewing the service of officers who had attained the age of fifty came up, out of bias and mala fide considerations, petitioner's case was reviewed adversely and he has been compulsorily retired by the impugned order. Petitioner alleged that his service record was free from any blemish and as such the order of compulsory retirement is illegal and liable to be struck down.

(3.) In the counter affidavit, the allegation of mala fide was seriously disputed. It was further contended that the rule for compulsory retirement as provided under the Code by amendment, was not open to attack and petitioner has been compulsorily retired on basis of the report of the Review Committee.