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SANGEET LODHA, MAHENDAR KUMAR GOYAL
Gopal Lal Sen Son of Shri Chokhe Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This special appeal is directed against order dated 22.2.18 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant assailing the legality of the order dated 9.5.06 issued by the Superintendent of Police, District Tonk, retiring him from service compulsorily in exercise of the power conferred under Rule 53 (1) of Rajasthan Civil Services Pension Rules, 1996, stands dismissed.
2. The learned Single Judge has found that the order retiring the appellant compulsorily has been passed after scanning the entire service record at two levels by Screening Committee and Review Committee in bona fide manner and looking to the nature of the allegations against the appellant in the disciplinary proceedings wherein the punishment was imposed upon him, the decision taken by the respondents in passing the order of compulsory retirement, in no manner can be termed arbitrary or suffering from any illegality. Regarding the contention of the appellant that while passing the order compulsorily retiring the appellant from service, the respondents have adopted policy of pick and choose inasmuch as, the employees having worst service record were retaine
Compulsory retirement decisions are based on subjective assessments of service records and do not require prior hearings or comparative evaluations of other employees.
The decision of compulsory retirement is based on the subjective satisfaction of the employer, and the entire service record of the employee must be considered. The court's scope of judicial review i....
Compulsory retirement orders must be based on valid evidence and cannot rely solely on inadequate adverse materials; arbitrary decisions are subject to judicial review.
The order of compulsory retirement based on the subjective satisfaction of the employer is subject to narrow judicial review, and the principle of natural justice does not apply in such cases.
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
Compulsory retirement must be based on a holistic assessment of the employee's service record and not merely on isolated past penalties; it should not serve as a punitive measure.
The legal framework for compulsory retirement of a judicial officer in public interest involves subjective satisfaction of the government, limited judicial review, and the consideration of the office....
Point of Law : Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, con....
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