Judgment

RANGANATH MISRA, JJ.

( 1 ) IN this application under Art. 32 of the Constitution, petitioner assails the order dated 5/09/1975, of his compulsory retirement from service with effect from 5th of December, 1975, made under S. S. 51 (j) (i) of the Fundamental Rules. The impugned order ran thus:

"whereas the Director of Audit, Defence Services, New Delhi (appropriate authority) is of the opinion that it is in the public interest to do so,

NOW, THEREFORE, in exercise of the powers conferred by Cl. G) (i) of R. 56 of the Fundamental Rules, the Director of Defence Services (appropriate authority) hereby gives notice to Shri C. D. Ailawadi, Audit Officer, Defence Services that he, having already attained the age of 50 years on the 22/11/1969, shall retire from service with effect from the forenoon of the 4th of December, 1975, or from the date of expiry of three months computed from the date of the service of this notice on him, whichever is later.

( 2 ) THE petitioner has pleaded that he was efficient and had risen from the rank of a Clerk to the post of Audit Officer in which he was confirmed with effect from 8-12-1968. According to him, he had clear and unblemished record of servic