VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 186
(186)
443
(A) Compulsory retirement (non-penal)
(B) Adverse remarks
(C) Court jurisdiction
(i) Government has absolute right to order
compulsory retirement of a member of All India
Service in public interest. No element of stigma or
punishment involved.
(ii) Government not bound by the decision of Review
Committee.
(iii) Government competent to take into
consideration uncommunicated adverse reports in
passing order of compulsory retirement.
(iv) Court not competent to delve deep into
confidential or secret records of Government to fish
out materials to prove that order of compulsory
retirement is arbitrary or mala fide.
Union of India vs. M.E. Reddy,
1979(2) SLR SC 792
The respondent was Deputy Inspector General of Police in
Andhra Pradesh. By order dated 11-9-75, the Central Government
passed an order of compulsory retirement of the respondent in public
interest. A single Judge of the High Court of Andhra Pradesh quashed
the order and the Division Bench of the High Court confirmed the
decision of the Single Judge.
The Supreme Court held that the impugned order fully
conforms to all the conditions of rule 16(3) of the All India Services
(Death-cum-Retirement Benefits) Rules, 1958. Compulsory
retirement after the employee has put in a sufficient number of years
of service having qualified for full pension is neither a punishment
nor a stigma so as to attract the provisions of Art. 311(2) of
Constitution. The object of