JAIPUR: The
Rajasthan high court has dismissed a petition challenging the compulsory retirement of
IPS
officer
Indu Kumar Bhusan
.
The petitioner has prayed to quash and set aside the order on August 7, 2020 passed by the Central Administrative Tribunal, Jaipur Bench and to strike down the order under secretary to the government of India, ministry of home affairs (police-I division), New Delhi on March 29, 2018, and also prayed to reinstate him in service with effect from April 6, 2018 with all consequential benefits.
The division bench of
Justice
Anoop Kumar Dhand and Justice Pankaj Bhandari said the order of compulsory retirement is not a punishment nor it attaches any stigma on an employee-petitioner.
The subjective decision of the government in the public interest is arrived at after considering the entire service record of the petitioner, where the principles of natural justice, are not required to be observed while passing the order of compulsory retirement because the order of compulsory retirement does not amount to punishment.
It further said, “Those who are not obeying the orders of the government during their service tenure can be retired from the service. This power is given to the government to energise its machinery and to make it more efficient by compulsorily retiring those, who in its opinion, should not be into the services, in the public interest.”
In the present case, there is no procedural error committed by the review committee while taking the decision under Rule 16(3) of the Rules of 1958. There is no arbitrariness on the part of the review committee while taking the decision of the compulsory retirement of the petitioner.
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