JAGAT NARAYAN, J.—These are three writ petitions under Art. 226 of the Constitution by three permanent member? of the Rajasthan Administrative Service directed against an order of the Government of Rajasthan compulsory retiring them from service under Rule 244(3) of the Rajasthan Service Rules with effect from 1.1.1960 without giving them an opportunity of showing cause against it. They can conveniently be disposed of by one judgment as the main ground taken in all of them is the same, namely that the order retiring them compulsory from service before the age of superannuation is void and inoperative as it was passed without giving them an opportunity of showing cause against it. The petitions were contested on behalf of the State,

2. The relevant part of the impugned order runs as follows?—

"The following officers are retired compulsorily from the Government Service, in the public interest, under Rule 244(2) Rajasthan Service Rules, with effect from the 1st January 1960:—

(1) Shri Ganga Ram Purohit, R.A.S.

(2) Shri Sohan Lal Surana, R.A.S.

(3) Shri Amar Nath Purohit, R.A.S."

Rule 244 of the Rajasthan Service Rules is reproduced below: —

Optional retirement after completing 30 years of service—(1) A Government servant may retire from service any time after completing 30 years qualifying service provided that he shall give in this behalf, a notice in writing to the appropriate authority, at least 3 months before the date on which he wishes to retire.

Compulsory retirement after completion of 25 years service —(2) Government retains an absolute right to retire any Government servant after he has completed 25 years qualifying service without giving any reasons and no claim to special compensation on this account will be entertained. This right will not be exercised except when it is in public interest to dispense with further service of a Government servant.

NOTES.

1. The right conferred by Rule 244(2) is intended to be exercised only against a Government servant whose efficiency is impaired, but against whom it is not desirable to make formal charges of inefficiency or who has ceased to be fully efficient but not to such a degree as to warrant his retirement on compassionate allowance. It is not the intention to use this rule as a financial weapon, that is to say, the provision should be used only in the case of Government servants who are considered unfit for retention on personal as opposed to financial grounds.

2. Compulsory retirement under this rule does not attract the provisions of clause (2) or Art.311 of the Constitution because such retirement is not conceived as a penalty but as the exercise of a right reserved to Government of retiring a Government servant alter he has served for a certain length or time. Accoraingly, the procedure laid down in the Rajasthan Civil Services (Classification, Control and Appeal) Rules, for formal proceedings against Government servants before removing them from service is not meant to apply to such cases.

3. We have satisfied ourselves that the above notes form part of the Rules. They were inserted by the rule making authority purporting to act under Article 309 of the Constitution and were duly published as part of the Rules.

4. The Rules governing the conditions of service of the petitioners are contained in the Rajasthan Service Rules and the Rajasthan Civil Services (Classification, Control and Appeal Rules 1958 (hereinafter referred to as the R.S.R. and the C.C.A.R. respectively). The learned Advocate General conceded that these are binding both on the Civil Servants and the Government.

5. In order to understand the contentions of the petitioners it is necessary to refer to rules 14 and 16 of the C.C.A.R. relevant portions of which are reproduced below:—

DISCIPLINE

R. 14. Nature of Penalties — The following penalties, may, for good and sufficient reasons, which shall be recorded, and as hereinafter provided be imposed on a Government servant, namely:—

(i) censure;

(ii) withholding of increments or p

Click Here to Read the rest of this document