RAM ADHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case, the petitioner Ram Adhar Singh has obtained a rule calling upon the opposite party, the State of Bihar and the Inspector-General of Police, to show cause why a writ in the nature of certiorari should not issue for quashing the order dated 27-10-1952, requiring the petitioner to retire compulsorily under the provisions of Rule 75(d), Bihar and Orissa Service Code.

(2.) The petitioner was employed as Sub-inspector of Police, and was last stationed at Arrah, in the district of Shahabad. The petitioner was appointed to the police service on 2-1-1926. He completed twenty-five years of service on 2-1-1951. It appears that on 24-10-1950, there was an amendment of Rule 75(d), Bihar and Orissa Service Code, providing that the State Government may require any Government servant, who has completed twenty-five years of service from the date of his first appointment to retire from Government service, if it considers that his efficiency and conduct are not such as to justify his retention in the service. Acting on the provisions of this amended rule, the Inspector-General of Police issued a notice to the petitioner on 24-9-1951, asking him to show cause why he should not be compulsorily retired. The notice is as follows:

(3.) It is submitted on behalf of the petitioner that the order of the Inspector-General of Police dated 27-10-1952, is illegal and without jurisdiction as there was no compliance with the provisions of Article 311 of the Constitution of India. The petitioner, consequently, prays that a writ in the nature of certiorari should be granted by this Court for quashing the order passed by the Inspector-Genera! of Police on 27-10-1952.