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1976 Supreme(SC) 7

N.L.UNTWALIA, V.R.KRISHNA IYER, A.C.GUPTA
Gur Pratap Singh Bedi – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

KRISHNA IYER, J.:—The compulsory retirement of the appellant, by the first respondent, the State of Punjab by Exhibit A, dated January 11, 1974 was challenged before the High Court but rebuffed with merited brevity after the Court called for the reply of the respondents. The disappointed official has, by securing special leave under Article 136 come up before this Court and urged in his appeal two weak grounds which are too jejune to justify any course other than dismissal.

2. The facts - The appellant joined government service as an Excise Officer in 1944 and spiralled up over the years from the rank of Sub-Inspector to that of Asstt. Excise and Taxation Officer. Probably his record of service was not nullied but, in his later years in office since 1970 his record was a mixed one. Eventually when he was about to attain the age of 55. Government exercising its power under Rule 5.32 of the Punjab Civil Services Rules, gave three months notice of retirement on the termination of which the order read :

"You will be deemed to have retired from service, on the expiry of the aforesaid period."

He completed the age of 55 on March 24, 1974 and the order was to take effect in April,








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