Appeal No 2416 of 1981 From the Judgment and Order dated 2111981 of the Punjab and Haryana High Court in RSA No 2985 of 1980
Rajinder Sachar and RS Sodhi for the Appellants
MK Ramamurthy NK Agarwala and SK Puri for the Respondents
The Judgment of the Court was delivered by RAY J
This appeal by special leave is against the judgment and decree passed in Regular SA No 2868 of 1980 by the High Court of Punjab  Haryana whereby the appeal was dismissed
The respondent Manohar Lal who was at the relevant time working as Sub Inspector in the Police Line Gurdaspur was compulsorily retired by Order NO
9754 B dated 2491975 issued by Shri MM Batra Senior Superintendent of Police Gurdaspur in public interest
The said order of 505 compulsory retirement has been challenged by the respondent by filing a suit being case No 86 of 1977 praying for a declaration that the aforesaid order of compulsory retire ment is illegal
mala fide
unconstitutional against the rules of natural justice and the plaintiff respondent shall be deemed to be in service of the Punjab State to the post of Sub Inspector till his retirement at the age of 58 years ie on 1321986
There is also a prayer for a direction to the defendent appellant for payment of the balance of the salary for the period from 591974 to 2391975 ie the suspension period after deducting therefrom the subsistence allowance paid by the defendent and also the increment that had accrued to him under the rules from time to time during that period
This amount was stated to be Rs 3446 for the said period
The said suit was heard by the Subordinate Judge Gurdaspur who by his order dated 27th January 1979 held that the impugned order was not passed at the instance of Sardar Harjit Singh Ahluwalia Deputy Inspector General of Police nor the same was vitiated by malice or any mala fides
It was further held that the order was made innocu ously by the Senior Superintendent of Police in public interest in accordance with the provisions of Punjab Civil Services Premature Retirement Rules 1975
The Subordinate Judge also held that so for as the pay for the period of suspension is concerned the plaintiff was entitled to have recovery of Rs 3446 as arrears of pay during the suspen sion period
The suit was accordingly decreed in part
Against the said judgment and decree two appeals were filed one by the plaintiff respondent Manohar Lal being CA No 169308 of 1979 and another by the State of Punjab regis tered as CA No 170 of 1979 and 12 of 1980
Both these appeals were heard together and were disposed of by a common judgment by the Additional Sessions Judge Gurdaspur
De creeing the Civil Appeal No 169308 of 1979 it was held that the order of compulsory retirement was made by an officer namely Senior Superintendent of Police Gurdaspur who was below the rank of Inspector General of Police who is the appointing authority of the petitioner
It was also held that the judgment and decree as regards the payment of the balance of emoluments during the period of suspension after the reinstatement of the petitioner was legal and valid and the said decree was affirmed and the appeal was allowed decreeing the suit
In that view of the matter the appeal filed by the State was dismissed
Against the said judgment and decree the State of Punjab preferred the instant appeal being RSA No 2868 of 1980 before the High Court of Punjab and Haryana
The High Court dismissed the said appeal and affirmed the judgment and decree of the lower appellate court
Against this judgment and decree the present appeal was filed before this Court with an application for special leave under Article 136 of the Constitution
The only question that arises for consideration in this appeal is whether the order of compulsory retirement made by the Senior Superintendent of 506 Police Gurdaspur is illegal and invalid being passed by an authority lower in rank than the appointing authority which according to the respondent is the Deputy Inspector General of Police
It appears that the Government of Punjab framed rules under proviso to Article 309 of the Constitution and these rules are termed as the Punjab Civil Services Prema ture Retirement Rules 1975
In Rule 21 the Appropriate Authority  has been defined as meaning the authority which has power to make substantive appointments to the post or service from which the Government employee is required or wants to retire or any other authority to which it is subor dinate
Rule 3 reads as follows 31a The appropriate authority shall if it is of the opinion that it is in public interest to do so have the absolute right by giving an employee prior notice in writing to retire that employee on the date on which he completes twenty five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice
b The period of such notice shall not be less than three months provided that where at least three months  notice is not given or notice for a period less than three months is given the employee shall be entitled to claim a sum equivalent to amount of his pay and allow ances at the same rates at which he was drawing them immediately before the date of retirement for a period of three months or as the case may be for the period by which such notice falls short of three months
 The relevant excerpt of Rule 121 is quoted herein below The following table summarises the directions given by the provincial Government under Clause b of Sub Section 1 of Section 241 of the Government of India Act 1935 in regard to the authorities competent to make appointments to the nongazetted ranks
507 Class of Authority to whom the power The extend of Government of appointment is delegated the delegation Servants Inspectors Deputy Inspector General of Full powers police Assistant Inspector subject to rules General Government Governing the Railway PoliceAssistant conditions of Inspector General Provincil service as defi Additional Policedesignated ned in Police as CommandantProvincil Rules
Additional Police and the Assistant Inspector General Police Traffic Sergeants Superintendents of Police Sub Inspect Commandants of PAP vide No ors and Ass 155 dated 2nd June1964 and istant Sub Deputy Superintendent admi Inspectors
nistrative Government Railway Police and Assistant Superintentend Government Railway Police Rule 1332 also provides that substantive promotions to the rank of Sub Inspector and Assistant Sub Inspector shall be made by the Superintendent of Police and the Assistant Superintendent Government Railway Force
On considering the provisions of the aforesaid rules it is quite clear and apparent that the Senior Superintendent of Police Gurdaspur being the competent authority to make the appointment to the non gazetted ranks of Sub Inspectors is also legally competent to pass the order of compulsory retirement of the plaintiff respondent in public interest in accordance with the provisions of Rule 31a and b of the said rules
It has been tried to be contended by referring to the provisions of Rule 139 Sub Rule 2 by the respondent wherein it has been provided that substantive promotion to the rank of Assistant Sub Inspector is to be made by the Deputy Inspector General of Police in accordance with the principles prescribed in Rule 131 that the Superintendent of Police is not the compe tent authority to make the impugned order
It is only the Deputy Inspector General of Police who is competent to make the order of compul sory retirement in question
This argument cannot be sustained in view of the specific provisions made in Rule 121 wherein it has been provided that the Superintendent of Police is competent to make the appointment to the non gazetted ranks of Sub Inspectors of Police and Assistant Sub Inspectors of Police
On a reading of both these provisions of the Rules 121 and 1392 it is clear and appar ent that the Senior Superintendent of Police Gurdaspur is legally competent to make the impugned order of compulsory retirement of the plaintiff respondent from service in public interest after his attaining 50 years of age in accordance with 508 the provisions of Rules 31a of the Punjab Civil Services Premature Retirement Rules 1975
In view of the reasons stated hereinbefore we do not find any merit in the contention made on behalf of the respondent and therefore we allow the appeal and set aside the judgment and order of the High Court in part in so far as it affirms the judgment and decree of the lower appellate court setting aside the order of compulsory retirement
The judgment and decree of the trial court is hereby affirmed and the decree of the lower appellate court as regards the payment of Rs 3446 being the balance of pay after deducting the subsistence allowance during the period of suspension of the respondent from 59
1974 and 2391975 is hereby affirmed
There will however be no order as to costs
PSS Appeal allowed


Summary:
Rule 3 of the Punjab Civil Services Premature Retire ment Rules 1975 empowers the appropriate authority to retire an employee on the date on which he completes twenty five years of qualifying service or attains fifty years of age or thereafter in public interest by prior notice in writing of not less than three months
Rule 21 designates the officer having powers to make substantive appointments to the post as the appropriate authority 
Rule 121 categorises Superintendents of Police as the authority competent to make appointments to the non gazetted ranks of Sub Inspectors and Assistant Sub Inspectors
Rule 1392 empowers Deputy Inspector General of Police to make substantive promotions to the rank of Assistant Sub Inspec tor in accordance with r 131
The respondent who was working as Sub Inspector of Police was compulsorily retired by an order dated 24th September 1975 issued by the Senior Superintendent of Police
He was earlier suspended from service with effect from 5th September 1974
A suit filed by him for a declara tion that the said order was illegal mala fide unconstitu tional and against the rules of natural justice was dis missed by the trial court holding that the impugned order was not vitiated by any malice or mala fides having been innocuously made in public interest and decreed the suit in part for the arrears of salary for the suspension period
Both the State and the respondent preferred appeals
The appellate court allowing the respondent s appeal held that the order of compulsory retirement was made by an officer who was below the rank of Inspector General of Police the appointing authority  of the petitioner and that the judgment and decree as regards the payment of balance of emoluments for the period of suspension after the reinstatement was legal and valid and dismissed the appeal filed by the State
The High Court dismissed the second appeal preferred by the State
504 Allowing the State s appeal by special leave in part the Court HELD In view of the specific provision made in role 121 of the Punjab Civil Services Premature Retirement Rules 1975 that the Superintendent of Police is competent to make the appointment to the non gazetted ranks of Sub Inspectors of Police the contention that only the Deputy Inspector General of Police was competent to make the im pugned order cannot be sustained
507G Rule 121 read with rule 1392 makes it dear and apparent that the Senior Superintendent of Police was legal ly competent to make the order of compulsory retirement of a Sub Inspector of Police from service in public interest after attaining 50 years of age in accordance with the provisions of rule 31 a and b of the Rules
The order of retirement made in the instant case was therefore legal and valid
50711 The decree of the lower appellate court as regards payment of the balance of pay for the period of suspension of the respondent is affirmed
508B