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1999 Supreme(Kar) 573

ASHOK BHAN, R.GURURAJAN
G. V. NAIK – Appellant
Versus
STATE OF KARNATAKA – Respondent


ASHOK BHAN, J.

( 1 ) APPELLANT who was a practising Advocate was selected for the post of munsiff by the public service commission in the year 1971. He was appointed as a munsiff on 15-11-1971. He was promoted to the post of civil judge on 30th may, 1983. He completed 50 years of age on 28th of june, 1988. He was retired from service by the governor under Rule 285 (4) of the Karnataka Civil Service rules (for short, 'the rules') on a recommendation made by the High Court of Karnataka by order dated 30th of july, 1991.

( 2 ) BEING aggrieved appellant filed the Writ Petition Challenging the Order retiring him from service raising the following three contentions: (I) that Rule 285 is not applicable to the appellant who is a judicial officer; (II) that the Appellant had been Retired under Rule 285 (4) (b) and not under Rule 285 (4) (a) there of and therefore He should have been retired on attaining the Age of 55 years; (III) that the order impugned herein is punitive in Character.

( 3 ) LEARNED single judge did not agree with either of the contentions raised on behalf of the appellant and dismissed the writ petition, aggrieved against which the present appeal has been filed.

( 4 ) PLEA








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