VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 9
(8)
201
Compulsory retirement (non-penal)
Compulsory retirement under Civil Service
Regulations does not amount to dismissal or removal.
Shyam Lal vs. State of Uttar Pradesh,
AIR 1954 SC 369
The Supreme Court held that a compulsory retirement under
the Civil Service Regulations does not amount to dismissal or removal
within the meaning of Art. 311 of the Constitution and therefore does
not fall within the provisions of the said Article.
The Supreme Court observed that the word “removal” used
synonymously with the term “dismissal” generally implies that the
Officer is regarded as in some manner blameworthy or deficient.
The action of removal is founded on some ground personal to the
officer and there is a levelling of some imputation or charge against
him. But there is no such element of charge or imputation in the
case of compulsory retirement. In other words a compulsory
retirement does not involve any stigma or implication of misbehaviour
or incapacity. Dismissal or removal is a punishment and involves
loss of benefit already earned. The Officer, dismissed or removed,
does not get pension which he has earned. On compulsory retirement
the officer will be entitled to the pension that he has actually earned
and there is no diminution of the accrued benefit.
(9)
(A) Departmental action and prosecution
Departmental inquiry resulting in penalty, not a bar
for launching prosecution on same facts.
(B) Public Servants (Inquiries) Act, 1850
(C) Inquiry — mode of
(i) Action under Public Servants (Inquiries) Act is
an inquiry and does not amount to prosecution.
(ii) It is open to Government to decide the method
of inquiry, as found convenient.
S.A.Venkataraman vs. Union of India,
AIR 1954 SC 375