(Delivered by VEERASWAMI C.J.)

The appeals are from an order of Venkatadri J. allowing the first respondents petitions to quash his compulsory retirement by an order G.O.Ms. No. 906, Home dated 15th March 1965. The learned Judge was of the view that though the order in form was a compulsory retirement, in effect, in the background of the circumstances, it amounted to an order of punishment without going through the procedure under Art. 311(2) of the Constitution. He was also of opinion that the order was but a cover and, in any case, the particular rule empowering the Government to compulsorily retire him in the circumstances provided for unguided power and it was therefore bad. No elaborate statement of the earlier facts relating to the service of the first respondent may be necessary, but briefly, in 1941, he entered the Army en a Kings Commission. But he was released from it in 1950 and joined the Indian Police Service. Inst as he was exacting his promotion in 1956 to the cadre of Deputy Inspector General of Police, certain charges were framed against him to which he submitted bis explanations between August 1958 and October 1959. A tribunal was constituted to enquire