Important Point
In order to succeed in an action challenging order of premature retirement authority exercising power must prove that exercise of power is bonafide and is to promote public interest.

V.M. Pancholi, J.

1. By way of this petition, petitioner has prayed to quash and set aside the order dated 20.05.2000 passed by the respondent authority, by which, order of compulsory retirement of the petitioner was passed.

2. Brief facts for deciding the controversy involved in the present petition are as under:

"2.1 Petitioner was appointed as Food Inspector by the respondent Municipality on 16.05.1974. It is the case of the petitioner that he was performing his duty with honesty and sincerity and therefore, he had been awarded with various certificates in the past by the respondent Municipality and because of the efficient work of the petitioner. Criminal case was registered against the petitioner for the offense punishable under the Prevention of Corruption Act. The said case was registered as special case No. 38 of 1997. However, by an order dated 31.03.1999, petitioner has been acquitted by the Special Judge, Banaskantha at Palanpur. The Criminal Appeal No. 709 of 1999 preferred against the said order by the State was also dismissed by this Court at the admission stage.

2.2 It is alleged by the petitioner that respondent No. 2 who was elected as MLA on the ticket of party in power and respondent No. 3 was also elected as Municipal Councilor on the ticket of the same party and because of the political pressure of respondents No. 2 and 3, the respondent No. 1 has passed the impugned order.

2.3 It is the case of the petitioner that before the impugned order was passed, petitioner was placed under suspension by an order dated 20.03.1999. Petitioner therefore challenged the said order by filing Special Civil Application No. 2106 of 1999. During the pendency of the said petition, the order of suspension was withdrawn by the respondent No. 1 on 03.06.1999.

2.4 Petitioner has contended that the respondent No. 3 demanded a bribe of Rs. 10,000/- from the petitioner. Petitioner has paid Rs. 3,000/- to him and thereafter petitioner approached before the ACB, Palanpur. FIR came to be registered against the respondent No. 3 and he was caught red-handed with the remaining amount of bribe. Respondent No. 3 thereafter made an assault on the petitioner and therefore petitioner filed another FIR for the offenses punishable under Sections 323, 504, 506(2), 341, 352 and 114 of Indian Penal Code against the respondent No. 3. Said FIR came to be lodged on 10.04.2000. Petitioner thereafter made representation to Police Inspector of ACB as well as Director of Municipalities and raised an apprehension that petitioner is likely to be victimized by the respondent No. 3 and his associates. Thus, it is the case of the petitioner that the impugned order was thereafter passed on 20.05.2000 by the respondent No. 1 at the instance of respondents No. 2 and 3 and therefore, the said order is passed with mala-fide intention. Present petition is therefore filed."

3. Heard learned advocate Mr. Chirag Patel for the petitioner and learned advocate Mr. H.S. Munshaw for respondents No. 1 and 2.

4. Learned advocate Mr. Patel mainly contended that the impugned order of compulsory retirement of the petitioner was passed by the respondent Municipality with mala-fide intention and the same is passed at the instance of respondents No. 2 and 3 and therefore, the said order be quashed and set aside.

5. He further submitted that before passing an order of compulsory retirement, no notice was issued to the petitioner, nor any opportunity of being heard was given to him and therefore, the respondent Municipality has violated principles of natural justice and therefore also, the impugned order be quashed and set aside. Thereafter, he contended that the respondent Municipality has taken into consideration irrelevant material while passing the impugned order and stated incorrect facts that departmental inquiry is pending against the petitioner since last 10 years. It is a