Compulsory Retirement
20/05/2021

Tags:

Context:

  • The Ministry of Home Affairs has revealed that 13 officers have been retired in public interest.

About:

  • An order of compulsory retirement is not a punishment.
  • It does not imply any stigma or any suggestion of misbehaviour.
  • The order must be passed by the government on forming the opinion that it is in the public interest to retire a government servant compulsorily.
  • The Supreme Court issued important principles regarding compulsory retirement in the Baikunth Nath v Chief Medical Officer (1992) case.
  • The SC said, Principles of natural justice have no place in the context of an order of compulsory retirement.
    • However, this does not mean that judicial scrutiny is excluded altogether.
    • While the High Court or the Court would not examine the matter as an appellate Court, they may interfere if they are satisfied that the order passed is:
      • mala fide
      • based on no evidence
      • arbitrary – in the sense that no reasonable person would form the requisite opinion on the given material.
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