SOMANATH MISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition. Sri Somanath Misra, a member of the Indian Administrative Service, challenges the order of the Government of India purporting to prematurely retire him from service in the public interest on the expiry of three months from the date of service of notice on him. The provision under which the government purported to have passed the said order of retirement is Rule 16 (3)of the All India Services (Death-cum-Retirement Benefit) Rules. 1958 made by the central Government under Section 3 (1) of the All India Services Act, 1951 after consultation with the Governments of the States.

(2.) RULE 18 (3) under which the said order of retirement was passed is this:

(3.) THE impugned order of retirement of the petitioner passed by the Government of India is set out below: government OF INDIA ministry OF HOME AFFAIRS no. 29/19/66--AIS (II ). In pursuance of the powers conferred by Sub-rule (3) of Rule 16 of the all India Services (Death-cum-Retirement Benefit) Rules, 1958, the president, in consultation with the Government of Orissa is pleased to order the retirement of Sri Somanath Misra who attained the age of 55 years on 1st November 1966, from the Indian Administrative Service in the public interest on the expiry of three months' notice from the date of service of notice on him. New Delhi, By order of the President 15th May, 1967. Sd. P. K. Dave. Jt. Secretary to the Govt. of India