Hari Swarup, J. - (1.) THIS petition has been moved by an employee of the State Government against the order of his compulsory retirement from service.
(2.) LEARNED Counsel for the Petitioner has challenged the validity of this order on the ground that the order does not comply with the guiding principles laid down by the State Government for compulsory retirement of employees under Article 165 of the Civil Service Regulations. The General directions are contained in the notification dated November 2, 1973. According to this notification the case of compulsory retirement of employees should be considered as regard only those persons whose integrity was doubted or whose efficiency might have gone down to such an extent that no improvement therein could be expected. According to learned Counsel, the material available on record is not sufficient to justify that the Petitioner's integrity was even doubted. The character roll of the Petitioner for the year 1970 -71 contains the following statement: Some complaints reflecting adversely on his integrity are pending enquiry. The Character roll for 1971 -72 contains the following: Complaints reflecting adversely on his integrity are pending enquiry. The State Government was ordered to produce the records in respect of the enquiries. The documents show that the enquiry was conducted by the A.D.M. (Rural) at two stages. In respect of 1970 -71 complaints the finding was recorded on 25 -8 -73 and the report was sent to the State Government. According to this report the doubt against the Petitioner's integrity had been crystallised instead of being cleared. As regards the other entry the report was made by the A.D.M. on 13 -3 -74 after the order of compulsory retirement had already been passed. This report will therefore, not be relevant. The doubts about the integrity of the Petitioner which had arisen to the year 1970 -71 had become fixed up and bad not been cleared. The State Government could thus act on the basis of that entry for passing the order of compulsory retirement.
(3.) EVEN in respect of the entry 1971 -72 it cannot be said that integrity had not been doubted. The actual words in the general directions are: "satyanistha sandighdha Ho." 'Sandighdha' means doubted. The word 'doubt' according to the Shorter Oxford Dictionary, Second Edition means: 1. The (subjective) state of uncertainty as to the truth or reality of anything; The condition of being (objectively) uncertain; a state of affairs giving occasion to uncertainty. The word 'doubted' according to this dictionary, means: "to be undecided in opinion or belief." Hence, since the integrity came into doubt and was not certified, it must be deemed doubted. Of course, if on enquiry the doubt had been cleared the effect of the entry would have gone, but as in the present case the doubt instead of getting cleared had been crystallised, the doubt must be deemed to have arisen when the entries were made. The 1970 -71 entry was sufficient to bring the case within the clutches of the guiding principle laid down in the notification.;