Judgment

S. Saghir Ahmad, J.-Leave granted.

2. The State of Gujarat is in appeal before us against the judgment dated 11.2.1998, passed by a Division Bench of the Gujarat High Court by which the judgment and order dated 17.11.1997 passed by the Single Judge, was set aside and the Writ Petition of the respondent, by which he had questioned the validity of the order dated 21.7.1988, by which he was compulsorily retired from service, was allowed.

3. The respondent was appointed as a Clerk in the office of Food Controller, Ahmedabad and after about twenty one years of service, he was promoted as an Assistant Food Controller (Class-II) in the office of Food Controller, Ahmedabad. In 1983, certain complaints were re­ceived against the respondent regarding permits for cement having been issued illegally by him and, therefore, he was placed under suspension on 31.5.1983 and an inquiry by the State C.I.D. (Crime and Railway) was ordered into the matter of issuance of bogus cement permits. On the receipt of the C.I.D. enquiry report, which prima facie made out a case of issuing cement permits to bogus institutions which were not in existence in Ahmedabad, a First Information Report under variou