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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Pradeep Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Present case is arising out of an order dated 18.08.2023 passed by the Executive Director, North Zone, Food Corporation of India whereby petitioner was compulsorily retired in the interest of Corporation and public interest in general as well as an order dated 24.11.2023 whereby the representation of petitioner was rejected after examination by the Representation Committee.
2. Sri Ashok Khare, learned Senior Advocate assisted by Sri Shariq Shamim has not disputed a well settled position of law that order of compulsorily retirement is itself not an order of punishment nor it casts any stigma, however, he has argued that Reviewing Committee has not considered the detailed representation filed by the petitioner that his immediate previous service record was found satisfactory that he was found fit for promotion and was promoted also before impugned order was passed as well as broad criteria as mentioned in Circular dated 09.07.2021 issued by Food Corporation of India were also not followed and without assigning any reason, his representation was rejected by the Reviewing Committee.
3. Learned Senior Advocate has referred Clause No. 22(2) of Food C
Compulsory retirement decisions must consider the entire service record, including past disciplinary actions, not merely recent performance, establishing the narrow scope of judicial review.
Court affirmed that compulsory retirement must follow procedural guidelines, with emphasis on subjective satisfaction of authorities based on the entire service record, highlighting narrow scope for ....
(1) Order of premature retirement is required to be passed on the basis of entire service records, though recent reports would carry their own weight.(2) A person discharging judicial duties acts on ....
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....
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....
The court held that compulsory retirement must be based on a comprehensive review of performance, not merely on pending allegations, ensuring due process is followed in such decisions.
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
Premature retirement must adhere to procedural guidelines, ensuring proper review of employee performance and status without overlooking established age thresholds and adverse record considerations.
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