PARMESHWAR PODDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been preferred for the following reliefs:

(2.) THE main contention raised by the learned Counsel for the petitioner is that Rule 56(j) of the Fundamental Rules has not been complied with and in this regard he has further referred to and relied upon 56(I) to support his contention. He has also referred to and relied upon 1999 (1) SCC 529 at paragraph -26 to support his contention that what should be considered before passing the order of compulsory retirement in public interest and in particular he has referred to para -26.

(3.) I have considered the submission and the pleadings. Rule 56(j) of the Fundamental Rules is quoted as under: F.R.56.(j) Notwithstanding anything contains in this rule, the Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice: