JAGANATH HOTA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Order of compulsory retirement passed against the petitioner is under challenge.

(2.) Brief facts of the case of the petitioner is that he was appointed as Conductor in the year 1965 and after rendering 34 years of service he has been served with an office order dated 27.01.1999 passed in exercise of power under Regulation 118 of the Orissa State Road Transport Corporation Employees (Classification, Recruitment and Conditions of Service) Regulation, 1978 (in short the "Regulation 1978") retiring him from service in the public interest w.e.f. 31.01.1999 at the age of 50 years and accordingly the petitioner was relieved from his duty.

(3.) Ground taken by the petitioner in assailing the order of retirement is that the decision taken by the Review Committee is arbitrary, illegal and without any justification. Learned Sr. Counsel appearing for the petitioner has submitted that the Chairman-cum-Managing Director of the Corporation has presided over the meeting of the Review Committee and the Committee constituted for accepting the recommendation of the review committee has also been presided over by the Chairman-cum-Managing Director of the Corporation and as such the decision taken by the Chairman-cum-Managing Director of the Corporation regarding premature retirement of the petitioner cannot be said to be bona fide.