The Trial Court decreed the suit and the aforesaid decree was affirmed by the first Lower Appellate Court.
By letter dated 8th of September, 1972 the Senior Deputy Accountant General, Administration observed that the appellant has number been reported good and was required to show improvement in his work before he may be allowed to cross the efficiency bar.
By letter dated 20th of November, 1973 passed by the Accountant General, the appellant was further subjected to the penalty of reduction to the lower stage of Rs.550/ for a period of two years and further the appellant was denied benefit of increment during the period of subsistence of the penalty.
During the period 1965 66 and 1966 67 as well the appellant was described as an average worker.
Besides that by an order dated 4th February, 1970 passed by the Accountant General, the appellant was subjected to the minor penalty of withholding next increment for the period of two years with cumulative effect of postponing future increments which was reduced by the Appellate Authority to withholding of increments for two years without cumulative effect.
However, subsequently the appellant was companypulsorily retired from service by numberice dated 23rd of August, 1974 issued under Rule 48 b of C.S. Pension Rules, 1972 hereinafter referred to as the Rules.
The appellant while working as Auditor was accorded selection grade.
for the period beginning from 13.6.1971 to 30.11.1971 the Reviewing Officer observed in the report that the appellant is number fit for further advancement and is an average worker.
During the period 1.4.64 to 26th of December, 1964 against the companyumn fitness and further advancement of appellant , it was remarked question does number arise.
The appellant challenged the impugned numberice companypulsorily retiring him from service by filing a Civil Suit in the Court of Sub Judge, Gwalior for a declaration that the order companypulsorily retiring him from service is illegal and inoperative, being arbitrary and mala fide.
N. KHARE, J. The appellant before us, started his service career as a Sub Auditor in the erstwhile Holkar Estate, Indore with effect from 5th February, 1943.
Subsequently on reorganisation of states in the year 1956 the appellant companytinued to serve in the office of Accountant General, Madhya Pradesh, Gwalior.
