STATE OF JANDK Vs. JANAK SINGH

JUDGEMENT

(1.) For making the administration efficient, periodical review of all its officers is taken by the State Governments to weed out the in-efficient and corrupt officers from the services. This is an exercise conducted in public interest. A government servant, during his service career, is required to conduct himself honestly, do his job in accordance with rules and maintain a level of honesty and integrity to sustain his reputation. There are two modes by which the conduct of a government servant is appreciated; one is recording of Annual APR's by superior officers, which is the character roll of his service record and the other mode is his general reputation in the public at large under whose gaze he remains.

(2.) For purposes of assessing character roll of a government servant, as reflected in his AP Rs, the same is documented. Regarding his reputation in the eyes of general public, it is not documented but can be gathered from the circumstances. It is in this area where the role of the government servant is judged by various factors, like; (a) if there are specific complaints against his conduct, which is subject matter of enquiry in a criminal charge or by a departmental enquiry; (b) if the allegations are not specific but general in nature, which are not subject matter of any enquiry or investigation before the competent authority;

(3.) Regarding specific allegations, which are subject matter of investigation or enquiry, the out come of such enquiry or investigation will determine the fate of such a complaint. The officer will have a right to face such an enquiry and rebut the charges before the Criminal court or the Enquiry Officer. The complaints, which are general in nature but are not subject matter of any enquiry or trial and are relatable to the general reputation of the officer, regarding his honesty, efficiency and integrity, is an area where the scope of invoking the provisions for compulsorily retiring him are required to be examined. This, in essence, is an area where the State Government can form its subjective opinion, based on material for ordering the compulsory retirement of an officer.