Compulsory retirement and service record review: adverse entries may be considered despite non-communication or earlier promotion.

Compulsory retirement under service rules is a non-punitive measure ordered in public interest, so judicial review is confined to mala fides, perversity, arbitrariness, or absence of material. The competent authority must consider the whole service record, with greater weight to later service, and may rely on adverse material even where some entries were not communicated. Prior promotion does not automatically wipe out adverse entries for assessing continued utility in service. Applying these principles, the officer's overall record justified the order, and the compulsory retirement was held valid.

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Issues: Whether the petitioner's compulsory retirement under Rule 74(b)(ii) of the Jharkhand Civil Services Code was vitiated for want of material, non-communication of adverse entries, or because earlier promotion had washed off those entries.

Analysis: Compulsory retirement is not punitive and does not carry stigma when ordered in public interest. Judicial review is limited to mala fides, perversity, arbitrariness, or absence of material. The competent authority must assess the entire service record, with greater weight to later service, and may take into account adverse material even if some entries were uncommunicated. Promotion does not automatically erase adverse entries for the purpose of compulsory retirement, particularly where the officer's overall record shows poor disposal, average performance, and entries casting doubt on integrity and reputation. The washed off theory has limited application and does not control an assessment made to determine continued utility in service.

Conclusion: The compulsory retirement order was valid and suffered from no legal infirmity; the challenge failed.

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