The main legal point established in the judgment is that the appointing authority must independently apply its mind to the recommendations made by the Screening Committee and form a subjective satisfaction based on all relevant materials before passing an order of compulsory retirement.

( 1 ) HEARD Shri M. D. Singh shekhar on behalf of the petitioner, Standing Counsel on behalf of respondents.

( 2 ) THIS writ petition is directed against an order dated 12. 1. 2004 passed by the District magistrate, Ghaziabad (the appointing authority of the petitioner) in exercise of powers under fundamental Rules 56 (C) as contained in final in book Vol. 2 part 2 to 4 as amended upto date, compulsorily retiring the petitioner from service w. e. f. the date of the order.

( 3 ) ON behalf of the petitioner it has been stated that except for adverse entries awarded for the year 2000-01 and of the year 2002-03 against which Appeals filed by the petitioner were pending consideration, all other annual entries of the petitioner were utkarsh or ati Uttam. It is therefore, submitted that the petitioner cannot be termed as a dead wood to be chopped of before he attains the age of superannjation nor can it be said that it is in public interest to retire the petitioner. It is stated that me adverse entries of the year 2000-01 and 2002-03 cannot be taken into consideration as the statutory appeals against the aforesaid entries were pending consideration. In the alternative it is submitted that the Screening Committee constituted for the screening of the petitioner was not inconformity with statutory rules as it did not include the appointing authority. Lastly it is pointed out that the District Magistrate has not applied his mind to the recommendation of the Screening Committee and has not recorded his satisfaction as required under fundamental Rules 56 (C) for compulsorily retiring the petitioner.

( 4 ) ON behalf of the respondents a counter affidavit has been filed and it has been stated that the petitioner was awarded adverse entry in the year 1998-99 and 1999-00, his integrity was with held in the year 2000-01 besides these there are adverse entries were recorded for the years 2000, 2001 and 2003. It has been stated that the Appeal filed by the petitioner against the adverse entries have been rejected by the competent authority. The character roll of the petitioner was such that a conclusion was arrived at by the disciplinary authority for compulsorily retiring the petitioner. The decision cannot be said to be arbitrary nor any interference is called for under article 226 of the Constitution of India inasmuch as an order of compulsory retirement is not a punishment, it implies no stigma nor suggestion of misbehaviors, reference AIR 1992 S. C. Page 1020 (Baikunth Nath Das v. Chief Medical Officer ).

( 5 )

(1) One of the basic issues to be decided in the petition is as to whether the Screening Committee was constituted in accordance with the provisions applicable and further as to whether the recommendations of the Screening Committee were considered by the District Magistrate after due application of mind to the service record of the petitioner before taking a decision to compulsorily retire the petitioner. 6. On records of the present writ petition is a Government notification No. 5/1/1975-Karmik-1 dated 26th August, 1975, providing for the constitution of screening Committee. Relevant Clause 2 of the same which is applicable in the case of petitioner reads as follows :

(2) Aise Karmchariyon Jinke Niyukti Pradhikari Rajyapal Se Bhinn Hain, Ki Screening jin Adhikariyon Se Niyukti Pradhikari Rajyapal Se Bhin Adhikari Hain, Unki Screening nimn Prakash Gathit Screening Committee Dwara Ki Jayengi:

( 6 ) (1) Niyuktipradhikari Adhyaksh. (2) Niyukti Pradhikari Dwara Manonit Do Varishtha Adhikari Sadasya. Uprokt commiteeyon Ki Sanstuti Ka Karyanvan Niyukti Pradhikariyon Ke, Stur Par Hi Hoga. Ukt Dono Screening Commiteeyon Ka Koi Vidhik Status Nahin Hoga. Na Ve Kewal sambandhit Niyukti Pradhikaron Ke Samadhan Mein Sahayta Ke Liye Hongi, Va Unki karyavahiyan Bhi Unaupcharik Hongi. Va Unke Gathan Mein Kisi Rikti Athwa Anva Kisi anaupcharikta Ke Hote Hue Bhi Nivukti pradhikari Swa Vivek Se Upyukt Nirnnay Le sakega.

( 7 ) ALONG with c