UNION OF INDIA Vs. CHANDER MOHAN TRIKHA

JUDGEMENT

(1.) RESPONDENT, Shri Chander Mohan Trikha, was working as Scientist B, Terminal ballistics Research Laboratory, Chandigarh. By an order dated 16/5/1991 passed in exercise of the powers conferred by Clause (h) of Article 459 of the Civil Service regulations, he was compulsorily retired. The said order was passed on the basis of a recommendation by the Review Committee. Aggrieved thereby, the respondent preferred an original petition before the Central Administrative Tribunal. His original application was dismissed by the CAT on 1/4/1999. Aggrieved thereby, he preferred a writ petition before the High Court. The Division Bench of the High Court, by its impugned order, set aside the order of the CAT dismissing the original application. The high Court also set aside the order dated 16/5/1991 compulsorily retiring the respondent from service.

(2.) BY now it is a well-settled principle of law that an order of compulsory retirement is not an order of punishment and, therefore, there is no question of violation of the principles of natural justice.

(3.) BY now it is also a well settled principle of law that in exercise of judicial review, the court is not sitting as an appellate Court. Judicial review is against the decision making process but not against the order itself. The High Court, while sitting in judicial review, was not justified in making a roving enquiry and give a different finding as if the High Court is sitting as an appellate Court.