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2023 Supreme(All) 456

J. J. MUNIR
Jagat Narayan – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nand Kishor Mishra, Advocate
For the Respondent: Mr. Girijesh Kumar Tripathi, Standing Counsel

JUDGMENT :

This writ petition is directed against an order of compulsory retirement from service passed by the Superintendent of Police, Mahoba against the petitioner, a Police Constable, in exercise of powers under Rule 56(c) of the U.P. Financial Handbook, Volume II (Part II-IV). The order impugned says that the Superintendent of Police is the Appointing Authority for the post held by the petitioner and that in public interest, he directs that the petitioner stands retired from service with effect from the date of the impugned order in the forenoon. The impugned order further says that the petitioner would be entitled to receive a sum equivalent to three months of his salary together with all allowances due, computed on the basis of his emoluments that he was receiving immediately before the date of retirement. The petitioner has come up challenging the aforesaid order of compulsory retirement dated 28th March, 2018, which shall hereinafter be referred to as 'the impugned order'.

2. It is the petitioner's case that his date of birth is 01.05.1963 and he is aged 55 years. He is

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