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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sandeep Kumar – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 12961 of 2018 & CM Appls. 47682 of 2022, 56546-56547 of 2022 & 14589 of 2023
Decided On : 24-03-2023
Compulsory Retirement - Service - Clarification that compulsory retirement order is not a stigma
Fact of the Case:
The petitioner sought setting aside/quashing of orders for his removal from service and restoration in service as per his seniority.
Finding of the Court:
The court clarified that the order of compulsory retirement will not be considered as a stigma against the petitioner, but the petitioner shall not claim any benefit from the respondents.
Issues: Compulsory retirement, restoration in service, clarification of stigma
Ratio Decidendi: The court clarified the nature of the compulsory retirement order and its implications for the petitioner's future benefits.
Final Decision: The petition was disposed of with the court's clarification regarding the compulsory retirement order and the petitioner's benefits.
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking setting aside/quashing of orders dated 04.04.2015 of DA, 13.07.2015 of Appellate Authority, 02.01.2016 of DIG and June, 2018, passed by the respondents for removal of petitioner from service; directions to respondents to restore him in the service as per his seniority in the regular service.
2. Learned counsel for petitioner, on instructions, submits that though compulsory retirement of petitioner is with pensionary benefits, however, he submits that this Court may clarify that the order of compulsory retirement is not a stigma.
3. Notice issued.
4. Learned counsel for respondents accepts notice.
5. Since there is no prejudice caused to the respondents, we hereby make it clear that the order of compulsory retirement will not be considered as stigma against the petitioner. However, pursuant to this order, petitioner shall not claim any benefit from the respondents.
6. With the aforesaid directions, the present petition is disposed of. Pending applications also stand disposed of.
Retrospective penalties for compulsory retirement are impermissible and must align with the order date past which no previous penalty exists.
Compulsory retirement of public servants is not punitive; it requires a bona fide evaluation of their service record and public interest without prejudicial stigma.
Compulsory retirement is upheld as a non-punitive measure if based on formal assessments of efficiency; judicial review is limited to ensuring decisions are not arbitrary or mala fide.
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