LAW FOR ALL

Rajasthan State Road Transport Corporation - orders of compulsory retirement= The Division Bench has dismissed the Writ Appeal of the appellant and confirmed the orders of the Additional Judge passed in the Writ Petition filed by the respondent herein, quashing the orders of compulsory retirement of the respondent with the direction that the respondent would be deemed to be in the service as if the order of compulsory retirement had not been passed and as a consequence the respondent is held entitled to all consequential benefits.= The High Court has observed that the respondents have not been able to show anything adverse in the career of the respondent after 1990 i.e. in last 12 years preceding the order of retirement. These observations are not correct in as much as: a) There was an inquiry against the respondent for which he was imposed the penalty of stoppage of increment for two years. He had made a representation against this penalty on 5.11.1998 which was dismissed on 25.5.1998. b) Further another criminal case was also instituted against him in the year 1999. Though outcome of this criminal case is not mentioned, fact remains that the accident was caused by the Respondent while driving the bus of the appellant Corporation, and the appellant corporation had to pay heavy compensation to the victims as a result of orders passed by MACT. Thus even the service record after 1990 does not depict a rosy picture. In any case, there is nothing to show his performance became better during this period. It hardly needs to be emphasized that the order of compulsory retirement is neither punitive nor stigmatic. It is based on subjective satisfaction of the employer and a very limited scope of judicial review is available in such cases. Interference is permissible only on the ground of non application of mind, malafide, perverse, or arbitrary or if there is non-compliance of statutory duty by the statutory authority. Power to retire compulsorily, the government servant in terms of service rule is absolute, provided the authority concerned forms a bonafide opinion that compulsory retirement is in public interest.(See: AIR 1992 SC 1368) 29. Accordingly, we have no option but to set aside the impugned order of the High Court thereby upholding order of the compulsory retirement. The appeal is allowed with no order as to costs.