COL A G THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) WHETHER a meritorious employee can be forced to premature retirement without valid reason is the core question in this writ.

(2.) THE order of compulsory retirement was served on IC-32424 Col. AG Thomas, EME, an officer of DRDO, the petitioner herein. He is challenging the legality and correctness of the order.

(3.) AT the outset, this Court is clarifying that a judicial scrutiny of an order of imposing premature compulsory retirement is permissible if the order is either arbitrary or malafide or if it is based on no evidence. In M.S. Bindra v. Union of India & Ors. (1998 (7) SUPREME 90), in para 21, the Supreme Court observed as follows : "21. We have no doubt that there is utter dearth of evidence for the Screening Committee to conclude that appellant had doubtful integrity. Such a conclusion does not stand judicial scrutiny even within the limited permissible scope. We, therefore, allow this appeal and set aside the order under attack including the order by which premature compulsory retirement was imposed on the appellant. The department concerned shall now work out the reliefs to be granted to the appellant as sequel to this judgment."