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Issues: Whether the order of compulsory retirement was punitive and liable to be set aside, or whether it was a valid exercise of the power of compulsory retirement in public interest.
Analysis: The governing principle is that compulsory retirement is not a punishment and does not ordinarily attract Article 311 of the Constitution of India. It may be ordered in public interest on the subjective satisfaction of the Government, after considering the entire service record, including adverse and even uncommunicated entries. Judicial interference is limited to cases of mala fides, absence of material, arbitrariness, or perversity. On the facts, the respondent had no adverse entries, had crossed the efficiency bar, was under suspension pending enquiry, and the disciplinary enquiry had not been completed. The review committee did not recommend compulsory retirement, and the order was passed close to superannuation on the basis of unproved allegations, indicating that the order was not founded on a bona fide assessment of service utility.
Conclusion: The order of compulsory retirement was punitive in effect and unsupported by the service record, and was therefore rightly set aside.
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