J ALWIN JEYASEELAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE writ petitioner was working as a Mail Man in the Postal Department under the Post Master General, Central Region, Trichirappalli. Departmental proceedings were initiated against him alleging three charges. THE enquiry officer found the petitioner guilty of all the charges. Subsequently, a punishment of compulsory retirement was imposed by the disciplinary authority. THE petitioner filed an appeal, which was addressed to the Director of Postal Services. Such an appeal having been dismissed, the petitioner filed O.A.No.622 of 2001 and the Tribunal dismissed such original application. Hence the present writ petition.

(3.) WE are afraid that this submission of the learned counsel for the petitioner is totally misconceived. The Supreme Court in the decision referred to above was dealing with a case of compulsory retirement in accordance with F.R.56 and it was not a case of imposition of punishment of compulsory retirement in a disciplinary proceeding. It is quite well known that compulsory retirement can be one of the punishments in a disciplinary proceeding and an order of compulsory retirement can also be passed in accordance with F.R. 56. In the latter case, it is not considered as punishment and such an order can be passed only if the competent authority comes to the conclusion that in the public interest, it is necessary to retire the employee. Apart from the above, an order of compulsory retirement can be passed as a punishment in a disciplinary proceeding. It is one of the major penalties contemplated in disciplinary proceedings. If the delinquency of serious nature is proved, it is for the disciplinary authority to impose any punishment including the order of compulsory retirement. In such a scenario, it is not necessary to record specifically that the order of compulsory retirement is passed in public interest. The learned counsel for the petitioner, without keeping in view such distinction between the two types of compulsory retirements, has made the submission, which is bound to be rejected.