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2021 (10) TMI 39 - HC - Indian LawsCompulsory retirement of petitioner - petitioner is an officer of Indian Revenue Services (IRS) of 1985 batch - violation of principles of natural justice - HELD THAT:- An order of compulsory retirement is not a punishment nor it attaches any stigma to an employee – Petitioner. Subjective satisfaction of the Government in public interest, arrived at after considering the entire service record of the Petitioner, where principal of natural justice is not required to be observed while passing an order of compulsory retirement because order of compulsory retirement does not amount to punishment - Compulsory retirement involves no civil consequences. The Government servant does not loose any of the rights acquired by him before retirement while a minimum service is granted to the Government Servant, the Government is given power to energize its machinery and make more efficient by compulsory retiring those who in its opinion should not continue in the service of the Government in the interest of public. Even if promotion has been granted to him, still compulsory retirement can be granted by Union of India under Rule 56(j) of Fundamental Rules as under the said rule the entire service record of the employee is to be seen and if the Review Committee is of the opinion that in the interest of public looking to overall service record, the employee requires to be retired, there is no right vested in the employee to continue in the employment after a prescribed age under the Rules - Much has been argued out by learned Senior Counsel appearing for the Petitioner that as the charges levelled against the Petitioner in departmental inquiry have been quashed, the decision of compulsory retirement dated 10.06.2019 is because of legal malice on the part of the Respondents. This contention of the Petitioner is devoid of any merits. Compulsory retirement has various facets. Compulsory retirement can be passed looking to the overall service record of the Government employee. Compulsory retirement order can also be passed in public interest with a view to improve efficiency of the administration or to weed out people of doubtful integrity or corrupt employee but sufficient evidence was not available to take disciplinary action in accordance with the rules, so as to inculcate a sense of discipline in the services - even if for this petitioner, the departmental charges have been quashed and set aside and the sanction granted for prosecution in two criminal cases have been quashed and set aside, still the Respondents can pass an order for compulsory retirement of the Petitioner. Looking to the Rule 56(j) of Fundamental Rules, from the very inception into the Government service till the age of 50 years there is enough and ample scope for the Government employee to improve his performance to prove is faithfulness and loyality to the Government, to make his services necessary in the Government, to make his services useful to the Government for rest of the years of his service. Government is taking the work from honest hands and dishonest hands - After a prescribed age of an employee, there is an assessment by the Government through Review Committee and if looking to the entire service record of the employee and looking to his performance and looking to his usefulness into the remaining services, if he is to be weeded out, the Union of India has all powers, jurisdiction and authority under Rule 56(j) of Fundamental Rules to make such employee compulsory retired, even if there is acquittal from some of the charges levelled against him by the Union of India. Looking to the conclusion arrived at by the Respondents of compulsorily retirement of the Petitioner, it cannot be said that the Respondents were driven by extraneous, malicious, perverse, unreasonable or arbitrary considerations - Proceedings under Rule 56(j) of Fundamental Rules is distinct and independent proceedings undertaken by the Respondents on the basis of the entire service record of the Petitioner and keeping in mind the performance of the Petitioner and his usefulness into the services. A subjective satisfaction has been arrived at by the Review Committee to compulsory retire the Petitioner. Even if the promotion has been granted to a Government employee he can be made compulsory retired under Rule 56(j) of Fundamental Rules. In the facts of the present case order under Rule 56(j) of Fundamental Rules has been passed before grant of promotion to the Petitioner - Petitioner has already been made compulsorily retired since 10.06.2019, i.e., approximately for the last 27 months, he is not into the services of the Government. Petition dismissed.
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