- (1.) For making the administration efficient, periodical review of all its officers is taken by the State Government to weed out the inefficient and corrupt officers from the services. This is an exercise conducted in public interest. A Government servant, during his service career, is required to conduct himself honestly, do his job in accordance with rules and maintain a level of honesty and integrity to sustain his reputation. There are two modes by which the conduct of a Government servant is appreciated; one is recording of Annual ACR by superior officers, which is the character roll of his service record and the other mode is his general reputation in the public at large under whose gaze he remains.
(2.) For purposes of assessing character roll of a government servant, as reflected in his ACRs, the same is documented. Regarding his reputation in the eyes of general public, it is not documented but can be gathered from the circumstances. It is in this area where the role of the government servant is judged by various factors, like; (a) if there are specific complaints against his conduct, which is subject matter of enquiry in a criminal charge or by a departmental enquiry; (b) if the allegations are not specific but general in nature, which are not subject matter of any enquiry or investigation before the competent authority; regarding specific allegations, which are subject matter of investigation or enquiry, the out come of such enquiry or investigation will determine the fate of such a complaint. The officer will have a right to face such an enquiry and rebut the charges before the Criminal court or the Enquiry Officer. The complaints, which are general in nature but are not subject matter of any enquiry or trial and are relate able to the general reputation of the officer, regarding his honesty, efficiency and integrity, is an area where the scope of invoking the provisions for compulsorily retiring him are required to be examined. This, in essence, is an area where the State Government can form its subjective opinion, based on material for ordering the compulsory retirement of an officer. In exercise of its powers under U. P. Fundamental Rules, the State Government can, in public interest, retire a government servant after completion of qualifying service of 22 years or his crossing the upper age limit of 50 years.
(3.) In the present case, the petitioner has been retired prematurely on the recommendations made by the Review Committee on 21.9.2006. The decision to retire the petitioner was based upon recommendations made by the Review Committee vide its deliberation held on 25.6.2006. The following grounds have become basis for his premature retirement:- (i) During his service tenure, 13 adverse entries were recorded against him. In lieu of adverse entries recorded, one month's salary was deducted; (ii) These punishments were imposed on account of his absence from duty; (iii) 23 minor punishments were also imposed for his remaining absent from duty; (iv) For the years 1999 to 2004, adverse entries were recorded in his service record. Out of his last 10 years of service tenure, adverse entries have been recorded from 1999 to 2004 continuously in his service record.;