Govt can compulsorily retire employee in public interest: CAT
The Central Administrative Tribunal has held that compulsory retirement of a government employee could not be treated as a punishment and it could be done in public interest.delhi Updated: Apr 20, 2010 20:50 IST
The Central Administrative Tribunal has held that compulsory retirement of a government employee could not be treated as a punishment and it could be done in public interest.
"The order of compulsory retirement is passed on the subjective satisfaction of the government and it does not amount to punishment," the Tribunal bench, comprising Vice Chairman L K Joshi and Member D P Sharma, said.
The Tribunal passed the order on a petition of an Assistant (posted in CISF HQ) Surender Pal Singh, challenging the order of the Ministry of Home Affairs retiring him from the service compulsorily in the wake of report of the Internal Review Committee of the Central Industrial Security Force.
The report recommended the government to retire Singh from government service in public interest on the ground of his ineffectiveness in performing duty.
"Under the Fundamental (service) Rules, the government has been given absolute right to retire Singh if they are of the opinion that it is in the public interest to do so," the Tribunal said.
Singh assailed the legality and correctness of the order, saying it has been passed only on the basis of two minor punishments meted out to him including one of censure in 2007.
Taking note of the report, the Tribunal held: "It cannot be said to be based on no evidence as the Committee while recommending Singh for compulsory retirement in public interest has taken into consideration his entire service record which was not found to be satisfactory."