G R DHUPAR Vs. STATE OF M P

JUDGEMENT

(1.) This petition was originally filed as Original Application No. 3079/1998 before the M. P. Administrative Tribunal and has been transmitted to this Court after closure of the Tribunal, and is renumbered as W.P. No. 13087/2003. The petitioner, who was at the relevant time working as Principal Class I in the Industrial Training Institute, Khandwa, was aggrieved with an order of compulsory retirement issued on 18th February, 1998 (Annexure A-4) and after making of representation, approached the M. P. Administrative Tribunal challenging the said order on various grounds.

(2.) It was contended by the petitioner that he has unblemished service record to his credit and could not have been compulsorily retired treating him as a dead wood in view of the fact that the petitioner after grant of promotion as Principal was made to work on the post of Apprentice Advisor, which was equivalent to the post of Deputy Director and was also made to officiate on the post of Joint Director w.e.f. 6-11-1994 to 11-10-1995. IT is contended by the petitioner that had he been so bad in his service performance he would not have given the benefit of higher post than the substantive rank of the petitioner and therefore, it is contended that the order of compulsory retirement is unsustainable in the eye of law.

(3.) Heard the learned Counsel for the parties. The law of compulsory retirement is already settled by the Apex Court in the case of State of Gujarat vs. Umed Bhai Patel, 2001 3 SCC 314, wherein it has been categorically held by the Apex Court that there are settled parameters on account of which the cases for compulsory retirement are required to be considered. This has been categorically held by the Apex Court that compulsory retirement cannot be based on a finding recorded in a Departmental Enquiry on account of which the punishment is already issued to the delinquent employee. It has been held categorically by the Apex Court that overall service record is required to be considered and for one or few stale confidential reports, communicated or un-communicated, an employee/officer is not to be adjudged as a dead wood, unfit to remain in service in the public interest and is not required to be compulsorily retired.