An order of compulsory retirement passed without tangible and concrete material and which results in punishing the petitioner without any disciplinary enquiry is not in public interest and is in violation of Article 311 of the Constitution.

( 1 ) THE petitioner Jayata Prasad was initially appointed as Bandi Rakshak (Jail Guard) on 3-8-1960. in the year 1984-85, he was posted on transfer to district Jaunpur. He was suspended on the charge that he had taken unauthorised possession of a quarter. After departmental enquiry, he was reinstated and a punishment of stoppage of five increments was imposed. In the year 1992, the service record of the petitioner was screened for promotion and looking to the past performance and the service record, he was promoted to the post of Pradhan Bandi Rakshak (Head Jail Guard) and was posted in sampurnanand Siwir Ghurma Sonbhadra under the control and supervision of Superintendent, Central Jail, Varanasi. The respondent No. 2 passed an order dated 30-1-1995, whereby the petitioner has been compulsorily retired from service in the public interest. It is this order which has been termed as being wholly illegal, unjust and unwarranted.

( 2 ) BY means of this writ petition under Article 226 of the Constitution, the petitioner has challenged the order dated 30-1-1995, Annexure 1 to the writ petition, by which he was compulsorily retired and has prayed that said order be quashed and direction be issued in the nature of a writ of mandamus commanding the respondents to permit the petitioner to continue in service till he reaches the age of superannuation.

( 3 ) COUNTER and rejoinder affidavits have been filed. Heard Sri S. K. Singh, learned counsel for the petitioner and the learned Standing counsel on behalf of the respondents.

( 4 ) IN the counter affidavit, the respondents have taken the plea that the petitioner was punished on a finding in a departmental enquiry that he was guilty of misconduct; that the petitioner was guilty of insubordination and adopted an attitude of indifference and carelessness in the discharge of his duties, and consequently the order of compulsory retirement contained in annexure C. A. 1 to the counter affidavit was passed It is admitted that the petitioner was promoted to the post of Head Jail Guard in the year 1993 but he has been compulsorily retired on screening of his entire service record by a committee.

( 5 ) A perusal of the impugned order dated 30-1-1995 indicates that it has been passed by the competent authority under the amended F. R. 56 clause (c), Chapter IX of the Financial Hand book Volume II, Part II to IV which provides :

" (c) Notwithstanding anything container in clause (a) or clause (b) the appointing authority may at any time, by notice to Government servant (whether permanent of temporary), without assigning any reason require him to retire after he attains age of fifty years or such Government servant may be notice to the appointing authority voluntarily retire at the time after attaining the age of fifty years after he has completed qualifying service for twenty years. "

( 6 ) LEARNED counsel for the petitioner urged that the impugned order of compulsory retirement of the petitioner has been passed without being there any material against the petitioner and only within about two years of his promotion from the post of Jail Guard to the post of Head Jail guard and that since the order visits the petitioner with evil consequences, it is punitive in nature and consequently offends the provisions of Article 311 of the Constitution of India. The learned standing counsel, helpless as he appeared to be, simply contented that the departments and the power and discretion to compulsorily retire the petitioner under the aforesaid provision of the financial Head Book and consequently the said order is beyond the pale of challenge. This submission of the learned standing counsel appears to be deceptive by its simplicity.

( 7 ) BROADLY speaking, termination of service of a Government servant is of three types- (1)dismissal or removal from service of a permanent or temporary Government servant; (ii)termination of the services of temporary Government servant, and (iii) compulsory retirement