JAWAHAR SINGH PARIHAR Vs. STATE OF U P

JUDGEMENT

(1.) BY this writ petition the petitioner, who was compulsorily retired from the post of Additional District and Sessions Judge, Jaunpur, under Fundamental Rule 56 (c) by the order of the Appointing Authority, i. e. the Governor, dated 17-5-2005 (Annexure '12' to the writ petition), has challenged the said order.

(2.) COUNTER and rejoinder affidavits have been exchanged in this case.

(3.) THE case of Baikuntha Nath Das (supra) also holds that even uncommunicated adverse remarks can be taken into consideration for deciding whether an employee should or should not be compulsorily retired. Compulsory retirement is not a punishment. It does not imply any stigma. THE dominant consideration is public interest and the object is to weed out the dead wood.