DHARAM DEV MEHTA vs THE UNION OF INDIA & OTHERS

The Supreme Court held that the retirement of the appellant under Rule 56(j) of the Fundamental Rules was invalid as it was not issued by the competent authority, the Comptroller and Auditor General, but rather by the Director of Commercial Audit, a lesser official. The Court emphasized that according to Rule 2(a) of the C.C.S. (C.C.A.) Rules 1965, the appointing authority must be the highest authority among the specified categories. Consequently, the Court set aside the retirement order, ruling it contrary to law.