Case: Krishena Kumar Vs. S.P. Saksena &amp; Others

2. The appellant joined service in class III in the Railway Audit in the year 1927. He was promoted to the higher class and was ultimately appointed substantively to the post of Assistant Audit Officer in the Northern Railway Audit Office in August 1959. In January 1963 he was made Officiating Deputy Chief Auditor in the same Railway. However, on July 4, 1964 he was reverted from that post to that of Divisional Audit Officer. On March 10, 1965 he was reverted to his original substantive post, namely, that of the Assistant Audit Officer. It is unnecessary to give details of other facts and events including those which were alleged in the writ petition filed in the Delhi High Court on August 30, 1965 (C. W. Petition No.of 1956) which is still pending.

Reasoning: 6. In our judgment the contention sought to be raised did not arise for the short reason that according to the appellant himself the Comptroller and Auditor General was the competent authority within the meaning of Note I to cl. (j) of Fundamental Rule 56. The notice of retirement dated August 22, 1966 clearly states that the same had been approved by the Comptroller and Auditor General. Mr. S. Ranganathan the then Comptroller and Auditor General of India who was impleaded as respondent No. 2 filed an affidavit in the High Court to the effect that the notice of retirement had been issued with his approval and that he was of the opinion that it was in the public interest to retire the appellant after he had attained the age of 55 years. There can be no manner of doubt, therefore, that although the notice had been signed by the Chief Auditor it had been done with the approval and under the authority of the Comptroller and Auditor General of India. On this short ground the first contention based on the lack of competency for taking action under cl. (j) of Fundamental Rule 56 cannot possibly bewas only after consideration of the entire material that he formed the opinion that it was in public interest to retire him. We are wholly unable to see how in the presence of this material any argument can be raised that the appropriate authority did not form any opinion that the retirement of the appellant would be in public interest.8. Lastly it has been pointed out to us that neither the emoluments due to the appellant nor the amount due on account of the contributions to the Railway Contributory Provident Fund or the government contributions to the Provident Fund etc. have been paid to the appellant and that he is being deprived of the amount due to him to which he is legally entitled. This matter was not raised in the writ petition and did not form theof any inquiry or discussion by the High Court. We have no manner of doubt that the authorities concerned will, within a reasonable period, and if possible, not exceeding three months, pay to the appellant all the amount by way of salary, emoluments Provident Fund etc. to which he may be entitled under the law and the Rules.