RAM RATAN AGNIHOTRI Vs. SENIOR SUPERINTENDENT

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel.

(2.) THE order of compulsory retirement is under challenge passed under Fundamental Rule 56(c). It appears that earlier petitioner came up to this Court by means of writ petition No. 34414 of 1999, assailing the aforesaid order of compulsory retirement, which was disposed of on 7.5.2008. This Court observed that order of compulsory retirement was passed as a punishment, hence it is harsh. THE matter was remanded for reconsideration. It is pursuant to this observation and direction, the impugned order has been passed by Senior Superintendent, Central Jail, Fatehgarh on 14/15.10.2008 affirming the order of compulsory retirement of the petitioner.

(3.) BESIDES above, learned counsel for the petitioner admits that compulsory retirement is not a punishment under disciplinary rules but is an order passed in exercise of power under Fundamental Rule 56(c).