( 1 ) ). THE petitioner herein has challenged the order of his compulsory retirement {annexure d to the petition) passed by the Competent Authority, under Rule 161 (1) of the Bombay Civil Services Rules, 1959.

( 2 ) IN order to appreciate the controversy before the Court, it is first necessary to examine certain relevant facts. 2. 1 the petitioner had joined the service of the respondent-Board and was, at an appropriate stage, appointed as Junior Engineer by an order passed by the respondent dated 11/08/1972. Thereafter, he was promoted to the post of Deputy Executive Engineer with effect from 2 5/10/1982. Thereafter, he was further promoted to the post of Executive Engineer with effect from 18/07/1992, and was confirmed on the said post with effect from 1/04/1994. It requires to be noted that these facts are not in dispute. 2. 2 the petitioner was thereafter placed under suspension (pending inquiry) by an order dated 6th August 1998. Two sets of charges were levelled against the petitioner. One Charge Sheet dated 9/09/1997 was issued (Annexure a to the petition) and another Charge Sheet dated 10/11/1997 was issued against him (Annexure b to the petition ). The fact