Sudhir Agarwal, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel.
(2.) THE order of compulsory retirement is under challenge passed under Fundamental Rule 56(c). It appears that earlier petitioner came up to this Court by means of writ petition No. 34414 of 1999, assailing the aforesaid order of compulsory retirement, which was disposed of on 7.5.2008. This Court observed that order of compulsory retirement was passed as a punishment, hence it is harsh. THE matter was remanded for reconsideration. It is pursuant to this observation and direction, the impugned order has been passed by Senior Superintendent, Central Jail, Fatehgarh on 14/15.10.2008 affirming the order of compulsory retirement of the petitioner. Learned counsel for the petitioner submits that in view of sub para 6 only for one year his Annual Confidential Report was found bad and on that basis he could not have been held a dead wood. Reliance is placed on State of Gujrat v. Umedbhai M. Patel, JT 2001 (3) SC 223. The submission is thoroughly misconceived. Aforesaid order shows that following punishments were imposed upon the petitioner pursuant to disciplinary proceedings held at different times. JUDGEMENT_526_ADJ2_2011Image1.jpg JUDGEMENT_526_ADJ2_2011Image2.jpg
(3.) BESIDES above, learned counsel for the petitioner admits that compulsory retirement is not a punishment under disciplinary rules but is an order passed in exercise of power under Fundamental Rule 56(c). Compulsory retirement is a facet of "doctrine of pleasure" embodied in Article 310 of the Constitution. The rule holds balance between the rights of individual Government servant and the interest of the public. It is intended to enable the employer to energise its machinery and make it more efficient by compulsorily retiring those who in its opinion should not be there in public interest. The object is to weed out the dead wood in order to maintain high standard of efficiency and honesty. It does not cast any stigma and cannot be constituted as a punishment to a Government servant when exercised in public interest under F.R. 56.;