( 1 ) THIS petition under Art. 226 of the Constitution of Indiais directed against the order of premature retirement of the petitioner on his completing the age of 50 years from the post of Sales Tax Recovery Mamlatdar, Rajkot, in exercise of powers conferred on the Government under the provisions of Rule 161 (1) of the Bombay Civil Services Rules, 1959 by orders, dated 2 3/09/1976. The petitioner is prematurely retired with effect from 31st december, 1976.

( 2 ) THE facts giving rise to the present petition, briefly stated, are as under: (i) The petitioner was recruited as Junior Clerk in the Office of Collector at Kaira on 4-1-1944, and on his passing departmental examination he was promoted to the post of Aval Karkun in Kaira District. In the year 1965- 66 certain allegations were made against the petitioner based on which a criminal complaint was lodged against him. The petitioner was also placed under suspension by order, dated 13/11/1967, pursuant to the criminal complaint. However, it was found that the allegations levelled against the petitioner could not be substantiated, and therefore, the order of suspension was cancelled, and he was reinstated with effect