TARANATH GOGOI Vs. STATE OF ASSAM & ANOTHER

JUDGEMENT

(1.) This application under Art. 226 of the Constitution of India has ben filed challenging the legality and validity of the order of compulsory retirement of the petitioner. The order is dated 11.4.94 issued by the Deputy Secretary, Government of Assam, Department of Personnel, Dispur and that order is Annexure 1 to the writ application which is quoted below :

(2.) FR 56 (b) is quoted below :

(3.) That the petitioner at the relevant time was the Managing Director, Assam Co-operative Spinning Mills Ltd. and before that he served as Deputy Secretary to the Government of Assam, Animal Husbandry and Veterinary Department with effect from 2.8.91 to 25.11.92 and during this period, the petitioner issued a number of LOCs and the case of the petitioner is that he issued LOCs as per procedure and as per instruction from the Secretary and Minister of the Department and it is claimed by the petitioner that this LOCs issued by the petitioner were perfectly in accordance with the Rules and procedures and there was no defects in these LOCs. In paragraph 9 of the writ application it is stated as follows :