VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 199
463
terminate the services. It is well settled by a long course of decisions
of the Supreme Court that in the case of a probationer or a temporary
employee, who has no right to the post, such a termination of his
service is valid and does not attract the provisions of Art. 311 of
Constitution, and applying those principles to the facts of the present
case, the position is that the order impugned is prima facie an order
of termination simpliciter without involving any stigma. The order
does not in any way involve any evil consequences and is an order of
discharge simpliciter of the respondent who was a probationer and
had no right to the service.
(199)
Compulsory retirement (non-penal)
(i) Appropriate authority as defined in the Rules
competent to pass orders of compulsory retirement
even though subordinate in rank to the authority by
which official was originally appointed. Compulsory
retirement cannot be equated with dismissal and
order does not violate Art. 311 of Constitution.
(ii) Onus is on Administration to prove public interest
and not on employee to prove contrary. State must
disclose to court the material relating to public
interest and court competent to examine material
to the limited extent of seeing as to whether a
rational mind may conceivably be satisfied.
(iii) Recommendations of Review Committee only
persuasive and not decisive and decision to retire
is of the appropriate authority.
(iv) Officer in continuous service for 14 years
crossing efficiency bar and reaching maximum
salary in the scale with no adverse entries atleast
for five years immediately before the compulsory