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PETITIONER: THE STATE OF BOMBAY
Vs.
RESPONDENT: SAUBHAGCHAND M. DOSHI
DATE OF JUDGMENT: 25/09/1957
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA DAS, SUDHI RANJAN (CJ) SINHA, BHUVNESHWAR P. KAPUR, J.L. SARKAR, A.K.
CITATION: 1957 AIR 892 1958 SCR 571
ACT: Government sertvant-Compulsory retirenment-Whether amounts to dismissal or removal-Whether ’applicable to Art. 311(2) of the Constitution-Bombay Civil Services Rules, as amended by the Saurashtra Government, R. i65-A-Whether ultra vires- Constitution of India, Art. 311(2).
HEADNOTE: Rule 165-A of the Bombay Civil Services Rules, applicable to the State of Saurashtra, as amended, provided: " Government retains an absolute right to retire any Government servant after he has completed 25 years qualifying service or 50 years of age, whatever the service without giving any reason and no claim to special compensation on this account will be entertained. This right will not be exercised except when it is in the public interest to dispense with the further services of a Government servant such as on account of inefficiency or dishonesty........... On October 30, 1952, the Government of Saurashtra passed an order compulsorily terminating the services of the respond- ent, acting ...