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Issues: Whether the order compulsorily retiring a government servant under FR 56(j) was sustainable in law, and whether it was punitive in nature rather than a bona fide order passed in public interest.
Analysis: FR 56(j) confers an absolute right to retire a government servant in public interest, but the power must be exercised on valid material and after considering the entire service record. An order of compulsory retirement is ordinarily not punitive and does not attract Article 311(2) unless it casts stigma or is shown to be a disguise for punishment. The service record here showed consistently outstanding performance and unimpeachable integrity for years, while several complaints relied upon by the employer were either closed, unsubstantiated, or unrelated to any proved misconduct. The proximity between the pending disciplinary proceedings and the premature retirement, together with the unexplained departure from the officer's consistently clean record, showed that the stated public-interest basis was not credible. The Court lifted the veil and found that the order was intended to short-circuit the disciplinary process and secure immediate removal.
Conclusion: The compulsory retirement order was held to be punitive and unsustainable, and the challenge succeeded.
Ratio Decidendi: An order of compulsory retirement can be struck down where, despite innocuous form, it is shown on the basis of the entire record and surrounding circumstances to be a colourable exercise of power made not in public interest but as a punitive substitute for disciplinary action.
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