( 1 ) BY this petition under Article 226 of the Constitution of India the petitioner challenges the order compulsorily retiring him under Fundamental Rule 56 (j) (i) passed by the Engineer-in-Chief, Central Public Works Department, on 30-1-1970 (Annexure V ).

( 2 ) THE petitioner entered service of the Central Public Works Department on 13-1-1943 as Section Officer (Civil) and was duly confirmed with effect from 25-5-1951. He was promoted to the post of Assistant Engineer with effect from 17-5-1955. He became due for crossing efficiency bar in 1965 at the stage of Rs. 590. 00 in the scale of Rs. 350-900. The matter of his being allowed to cross efficiency bar was held over for two years, since certain disciplinary proceedings were pending against him at that time. By an order dated 6-7-1966 the Chief Engineer imposed a penalty of withholding two increments having the effect of postponing his future increments on a charge of gross negligence and carelessness in the discharge of his duties which had resulted in pecuniary loss to the Government. However, by an order dated 28-9-1967 the petitioner was allowed to cross the efficiency bar with effect from 1-4-1967 though