Judgment

RAY, J.:- This appeal is by special leave against the judgment dated 20 September, 1968 of the High Court of Judicature at Allahabad dismissing the appeal preferred by the State of Uttar Pradesh against the decree passed by the Court of Civil and Sessions Judge in favour of the plaintiff-respondent declaring that the order of removal of the plaintiff-respondent from service is void and is illegal and the plaintiff-respondent should be deemed to be still in service.

2. The only question for consideration in this appeal is whether the order of compulsory retirement of the plaintiff-respondent was one of punishment.

3. The High Court came to the conclusion that the order of compulsory retirement dated 28 March, 1962 and the letter dated 16 March, 1962 referred to in the order of compulsory retirement and the memorandum dated 14 February, 1962 referred to in the letter dated 16 March 1962 when read together established that the order of compulsory retirement was to punish the plaintiff-respondent.4.

4. The order dated 28 March 1962 was as follows:-

"As per orders contained in the P. H. Q, letter No. IV.780-60 dated 16-3-62 the compulsory retirement of H. C./22 C. P. Shyam Lal is