D.H. Waghela J.—The petitioner has, invoking the provisions of Articles 14, 16 and 226 of the Constitution, challenged the order of his compulsory retirement and prayed for a direction to the respondent to pay him salary w.e.f. 16.12.2005 with all consequential benefits and continuity of service.

2. While the petitioner was serving at Primary Health Center as Medical Officer, Class II, he was served with charge-sheet dated 12.05.2000 alleging that he was indulging in private business and even selling to the Government the goods which he was producing. The petitioner was called upon by the said charge-sheet dated 12.05.2000 to submit his statement of defence within 30 days even as the details of the charges, the list of documentary evidence and list of witnesses were simultaneously supplied to him. The petitioner, in his reply dated 29.05.2000, stated that he was no longer in Government service since he had already submitted his resignation on 14.02.2000 which was to take effect from 14.03.2000; and since he was not intending to serve, he had nothing more to say. Two months thereafter, he submitted another reply pressing his claim for acceptance of his resignation. A departme