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Mohammed Naseem Ali – Appellant
Versus
State of U. P. Thru. Prin. Secy. Panchayat Raj Deptt. – Respondent
JUDGMENT :
DINESH KUMAR SINGH, J.
1. The petitioner, who was working as Administrative Officer in Zila Panchayat, Hardoi, having been compulsorily retired from service vide order dated 15.09.2020, has filed this writ petition, impugning the said order of compulsorily retirement passed by the Chairman, Zila Panchayat, Hardoi.
2. The petitioner was selected and appointed on the post of Second Grade Clerk vide order dated 20.12.1989 passed by the Uper Mukhya Adhikari, Zila Panchayat, Hardoi; his services were confirmed vide order dated 27.12.1990; in 1999, he was promoted as First Class Clerk and Departmental Selection Committee in its meeting dated 14.05.2012 recommended him to be promoted as Section Head Clerk (Tax) on temporary basis and, the said recommendation was accepted by the Chairman of the Zila Panchayat; the petitioner assumed the charge of the Section Head Clerk (Tax) on 17.05.2012; the petitioner was further promoted as Administrative Officer vide order dated 19.05.2015.
3. The petitioner's integrity was not certified for the Financial Year 2016-17. The Uper Mukhya Adhikari, respondent no. 4, considering service record of the petitioner and, his work and conduct, recommended
The importance of approaching the court with clean hands and the employer's right to remove 'dead wood' employees.
Point of law : Order of compulsory retirement against the petitioner is based upon subjective satisfaction of the entire record of the petitioner more particularly the recent record of the petitioner....
The court established that compulsory retirement under Fundamental Rule 56(J) requires a comprehensive review of the employee's service record, and such decisions must be made in the public interest,....
An order of compulsory retirement must be based on a thorough assessment of the entire service record of the employee, and if it casts a stigma or is based solely on disciplinary actions without cons....
Compulsory retirement of judicial officers is based on overall performance and integrity, not merely on disciplinary findings, and is not considered a punishment.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
Compulsory retirement should be based on public interest, and proper procedures should be followed, avoiding shortcuts to avoid departmental inquiries.
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