Holding

The State Government may consider the entire service record, including entries beyond ten years, with emphasis on later entries, when exercising power of compulsory retirement under FR 56(c).

Summary

V.K. Jain, an Assistant Engineer promoted to Executive Engineer in Uttar Pradesh, was compulsorily retired under U.P. Fundamental Rule 56(c) after a Screening Committee considered four adverse entries in his character roll, including a withholding of integrity. The High Court set aside the retirement, holding that only entries within ten years of the retirement order could be considered, and excluded entries that had been shifted by the Services Tribunal to a period beyond ten years. On appeal, the Supreme Court held that the State Government may consider the entire service record, giving greater weight to later entries, and that the vigor of an adverse entry is not lost merely because it falls beyond ten years. The Court observed that the integrity‑withholding entry, though later re‑dated, remained a valid ground for retirement. Consequently, the Supreme Court allowed the appeal, reinstating the order of compulsory retirement, and dismissed the second appeal as infructuous.

Issues considered

Whether entries in a government servant's service record that fall beyond ten years from the date of a compulsory retirement order can be taken into account under U.P. Fundamental Rule 56(c).

Legislation cited

Constitution of Indias. Article 465-A
Uttar Pradesh Fundamental Ruless. Rule 56(c), s. Sub‑rule (2)

Subjects

compulsory retirementservice recordcharacter rollintegritypublic interestadministrative lawU.P. Fundamental Rulesadverse entry

Judgment

STATE OF U.P. AND ORS. A
v.
VIJA Y KUMAR JAIN

MARCH 14, 2002

[V.N. KHARE AND ASHOK BHAN, JJ.] B

Service law:

U.P. Fundamental Rules-FR 56 (c) read with sub-rule 2-Compulsory
retirement of Government servant-Whether entries beyond period of ten years C
ofservice recordfrom date ofcompulsory retirement to be taken into account-
On facts, respondent compulsorily retired due to adverse entry in character
roll including entry withholding his integrity which is within ten years of his
order of compulsory retirement-Respondent challenged compulsory
retirement-During pendency, Tribunal in a petition filed by respondent shifted D
entry withholding integrity going beyond period of ten years of passing of
order of compulsory retirement-High Court set aside the order-On appeal,
held entry withholding integrity even though beyond the period of ten years
can be taken into account since vigour or sting of such adverse entry is not
lost-Thus, entire service record or confidential report with emphasis, on
later entry in character roll to be taken into account by Government. E
Screening Committee while considering respondent's service record,
found four adverse entries in the character roll which included order whereby
his integrity had been withheld, and recommended that the respondent should
-'-. be compulsorily retired from service. Government accepted the
recommendation and passed an order of compulsory retirement of respondent. F
Respondent then filed a writ petition challenging his compulsory retirement.
Respondent also filed claim petition before the Services Tribunal challenging
order whereby State Government declined to certify his integrity. Services
Tribunal modified the stated entry which was within ten years of "assing of
order of compulsory retirement to a period beyond ten years of passing of G
order of compulsory retirement during pendency of the petition. High Court
holding that entries preceding the date of passing of an order of compulsory
retirement is to be looked at excluded the stated entry from zone of
consideration for forming opinion to compulsorily retire the respondent. It
also excluded all the other adverse entries and set aside the order of
compulsory retirement.
439 H
440 SUPREME COURT REPORTS [2002] 2 S.C.R.

A The question that arises in these appeals is whether entries beyond ten
years of the service record from the date of compulsory retirement could have
been taken into account by the Go.vernment while retiring a Government
servant under FR 56 (c) of the Rules.

In appeals before this Court appella,nts contended that under law
B relating to compulsory retirement, the State Government is entitled to take
into account the entire service record, preference being given to the later
entries while considering whether an officer is required to be retained in the
service after he attains the age of 50 years or has put in qualifying service
and the view taken by the High Court that entries only for the period of ten
C years immediately prior to the date of order of compulsory retirement could
only be looked into is patently erroneous.

Respondent contended that the entries falling only within ten years of
the order of compulsory retirement can only be looked into while exercising
power of compulsory retirement and any consideration of adverse material
D beyond ten years from the date of order of compulsory retirement would
vitiate the order of compulsory retirement.

Disposing of the appeals, the Court

HELD: 1.1. FR 56 (c) of the U.P. Fundamental Rules read with sub-
E rule (2), empowers the State Government with an absolute right to retire an
employee on attaining the age of 50 years. It cannot be disputed that the dead
woods need to be removed to maintain efficiency in the service. Integrity of a
Government employee is foremost consideration in public service. If a conduct
of a Government employee becomes unbecoming to the public interest or
obstruct the efficiency in public services, the Government has an absolute right
F to compulsorily retire such an employee in public interest The Government's
right to compulsorily retire an employee is a method to ensure efficiency in
public service and while doing so the Government is entitled under
Fundamental Rule 56 to take into account the entire service record, character
roll or confidential report with emphasis on the later entries in character roll
G of an employee. In fact, entire service record, character roll or confidential
report furnishes the materials to Screening Committee or the Stflte
Government, as the case may be, to find out whether a Government servant
has outlived his utility in service. It is on consideration of totality of the
materials with emphasis on the later entries in the character roll, the
Government is expected to form its opinion whether an employee is to be
H compulsorily retired or not (447-H; 448-A-D)
STATEv. V.K.JAIN[KHARE,J.] 441

1.2. Withholding of integrity of a Government employee is a serious A
·. , matter. In the instant case, the integrity of the respondent was withheld and
the said entry in the character roll of the respondent was well within ten years
of passing of the order of compulsory retirement. During pendency of the writ
petition, the Services Tribunal on a claim petition filed by the respondent,
shifted the entry to a period going beyond ten years of passing of order of B
compulsory retirement which does not mean that vigour and sting of the
adverse entry is lost or wiped out. It is merely relatable to 11th or 12th year
of passing of the order of compulsory retirement. The aforesaid adverse entry
which could have been taken into account while considering the case of the
respondent for his compulsory retirement from service, was duly considered
by the State Government and said single adverse entry in itself was sufficient C
to compulsorily retire the respondent from service. Therefore, entire service
record of confidential report with emphasis on the later entries in the
character roll can be taken into account by the Government while considering
a case for compulsory retirement of a Government servant.

Shyam lalv. State ofUP., [1995] l SCR 26; Union oflndiav.J.N. Sinha., D
[1971[ l SCR 791; Baikuntha Nath Das andAnr. v. ChiefDistrict Medical officer
Baripada and Anr., [ 1992] 2 SCC 299 and State of Punjab v. Gurdas Singh,
[1998] 4 SCC 92, referred to. [448-E-F-GJ

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2083 of
2002. E
From the Judgment and Order dated l.3.2000 of the Allahabad High
Court in C.M.W.P. No. 9949 of 1999.

Pramod Swarup, Parveen Swamp and Prashant Choudhary for the
Appellants. F
I
K.V. Vishwanath, Atul Kumar Sinha for the Ajit Moha~ Singh,
B. Raghunath for K. V. Venkataraman for the Respondents.

The Judgment of the Court was delivered by
G
V.N. KHARE, J. Leave granted.

The respondent herein was, on 18. I 0.1972, initially appointed as an
Assistant Engineer in an ad-hoc capacity in U.P. Rural Engineering Services.
Subsequently, in the year 1979, the respondent's services were regularised
and he was also confirmed on the post of Assistant Engineer. The respondent H
442 SUPREME COURT REPORTS [2002] 2 S.C.R.

A was promoted to the post of Executive Engineer w.e.f. 23.11.1980 by a·
Government Order on the basis of seniority-cum-merit. A Screening Committee
set up by the U.P. Govt. after considering the respondent's service record and
entries available in the character roll recommended that he should be retired
compulsorily. Under Government Order, the Screening Committee or the
State government while considering a case of compulsory retirement, is
B required to take into account the service record and entries in the character
roll for last ten years prior to the order of compulsory retirement. The
government accepted the said recommendation of the Screening Committee
and passed an order dated 22.2.1999 compulsorily retiring the respondent
from service. The Screening Committee while recommending the compulsory
C retirement of the respondent and the State government while accepting the
said recommendation took into consideration four adverse materials found in
the character roll of the respondent, which are as under :

(1) The order dated 8.2.94 whereby the government directed for
recovery of a sum of Rs. 79,994from the salary of the respondent
D and also stoppage of increment in the pay scale of Executive
Engineer and awarding censure entry in his character roll for the
year 1993-94.
(2) The order dated 16.10.86 whereby an warning was given to the ~-

respondent for his conduct in exercise of his duties.
E. (3) An order dated 20.3.83 whereby another censure entry was ordered
to be recorded in the character roll of the respondent.

(4) An order dated 13.6.97 whereby the integrity of the respondent
was not certified for committing serious irregularities in the work
at Lucknow in the year 1983-84. By the said order the respondent
F
was also awarded a censure entry for the year 1997-98.

The respondent herein filed a writ petition before the High Court of
Judicature at Allahabad challenging the order dated 22.2.1999 compulsorily
retiring him from service. The respondent also filed a second writ petition
G before the High Court challenging the order dated 8.2.1994 whereby the
government directed for recovery of Rs. 74,994/- from the salary of the
respondent and also for ordering stoppage of increment in the pay scale of
r
Executive Engineer and awarding of censure entry in his character roll in the
year 1993-94. The respondent also filed a claim petition before the U.P.
Services Tribunal, challenging the order dated 13 .6.1997 whereby the State
H Government declined to certify his integrity. While the aforesaid writ petitions
STATEv. V.K.JAIN[KHARE,J.] 443

were pending, the U.P. Services Tribunal disposed of the said claim petition A
by ordering that the entry in respect of withholding of integrity for the year
1997-98 awarded by an order dated 13.6.1997 since related to the period
1983-84, said entry is shifted to the year 1983-84.

The High Court first took up tbe writ petition which was directed
against the order dated 8.2.1994 and set aside the order impugned in the writ B
petition on the ground that the respondent was not responsible for any loss
caused to the government in the purchase of the materials for the department.
After setting aside the order dated 8.2.1994, the High Court took up the writ
petition which related to compulsory retirement of the respondent from service.
The High Court was of the view that so far as the recovery of money, C
stoppage of increment and censure entry for the year 1993-94 are concerned,
the same having been set aside in connected writ petition, the said adverse
materials are rendered non-existent and the same could not have formed basis
of passing of the order compulsorily retiring the respondent. Therefore, the
High Court excluded the said adverse materials while testing the validity of
the order of compulsorily retiring the respondent. The High Court was of the D
further view that since the order dated 16.10.1986 administering warning to
the respondent was not communicated to the respondent and, further, the said
warning related to a period beyond ten years prior to the date of order of
compulsory retirement, the said entry could not be legally made basis for
compulsorily retiring the respondent, especially when the said warning was E
not communicated to the respondent and also in view of the government
order dated 29.7.89 whereunder it has been provided that administering of
warning to a delinquent officer shall not form part of the character roll and
it is only to be placed in the Personal File of such a delinquent officer. In this
way, the High Court excluded the second and third adverse materials which
the government took into account while forming its opinion to compulsorily F
retire the respondent.

The High Court coming to the fourth adverse material contained in the
government order dated 13.6.1997 whereby the integrity of the respondent
was withheld, was of the view that since the said entry was modified by the G
l U.P. Services Tribunal to the extent that it would relate to the year 1983-84,
the said entry being for a period beyond ten years preceding to the date of
passing of order of compulsory retirement has to be excluded from zone of
consideration for forming opinion to compulsorily retire the respondent. By
the aforesaid process of elimination of adverse entries, the High Court found
that there was no foundation or basis available to the government to form an H
444 SUPREME COURT REPORTS [2002) 2 S.C.R.

A opinion to compulsorily retire the respondent. In that view of the matter, the
High Court set aside the order of compulsory retirement of the respondent,
being arbitrary and allowed the writ petition. It is against the aforesaid
judgment of the High Court the State of U.P. has preferred these appeals by
way of special leave petitions.

B We took up Civil Appeal No. 2085/2002 (arising out of S.L.P (Civil)
8738/200 I) first which arises out of the judgment of the High Court whereby
the order compulsorily retiring the respondent from service was set aside.

Learned counsel for the appellant urged that, under law relating to
C compulsory retirement, the State government is entitled to take into account
the entire service record, preference being given to the later entries while
considering whether an officer is required to be retained in the service after
he attains the age of 50 years or has put in qualifying service and the view
taken by the High Court that entries only for the period of ten years
immediately prior to the date of order of compulsory retirement could only
D be looked into is patently erroneous. However, learned counsel appearing for
the respondent supported the judgment of the High Court and contended that
the entries falling only within ten years of the order of compulsory retirement
can only be looked into while exercising power of compulsory retirement and .J.,.__

.any consideration of adverse material beyond ten years from the date of order
E of compulsory retirement would vitiate the order of compulsory retirement.
It is true that as per government order, the service record or confidential
reports for ten years prior to passing of order of compulsory retirement are
ordinarily required to be seen for taking a decision to compulsorily retire a
government servant. It appears that the High Court on the said premise held
F that entries in the character roll being beyond ten years of passing of the
~rder of compulsory retirement, the order passed by the State government
compulsorily re.tiring the respondent was arbitrary. Assuming that the view
taken by the High Court that entries in the character roll of a government
servant only for ten years can be seen for passing of an order of compulsory
G retirement is correct which according to us is not a correct view of law, the
question arises whether the Government Order dated 13.6.1997 whereby the
integrity of the respondent was withheld, merely being relatable to the year
1983-84 would render the order of compulsory retirement as arbitrary.
Admittedly, the order withholding of integrity was passed in the year 1997
which was well within ten years of passing of the order of compulsory
H retirement. But the said entry in the character roll was shifted from the year
STATE v. V.K. JAIN [KHARE. J.] 445

1997-98 to 1983-84 by the order ofU.P. Services Tribunal. It is not disputed A
that the aforesaid entry in the character roll of the respondent was taken into
account by the Screening Committee while recommending the compulsory
retirement of the respondent and the State government also took into
consideration the said entry while passing the order compulsorily retiring the
respondent.
B
Fundamental Rule 56 (in short F.R.) of the U.P. Fundamental Rules
provides for compulsory retirement of government servant. FR 56 (c) provides
that notwithstanding anything contained in clause (a) or clause (b), the
appointing authority may, at any time by notice to any government servant
(whether pennanent or temporary), without assigning any reason, require him C
to retire after he attains the age of fifty years or the government servant may
by notice to the appointing authority voluntarily retire at any time after attaining
the age of forty five years or after he has completed qualifying service of
twenty years. Sub-rule (2) of Rule 56 of the Fundamental Rules reads as
under:
D
"(2) that in order to be satisfied whether it will be in the public
interest to require a government servant to retire under clause (c) the
appointing authority may take into consideration any material relating
to the government servant and nothing herein contained shall be
construed to exclude from consideration. E
(a) any entries relating to any period before such government servant
was allowed to cross any efficiency bar or before he was promoted
to any post in an officiating or substantive capaci(y or on an ad-
hoc basis; or

(b) any entry against which a representation is pending, provided that F
the representation is also taken into consideration along with the
entry; or
(c) any report of the Vigilance Establishment constituted under the
Uttar Pradesh Vigilance Establishment Act, 1965."
G
' The aforesaid rule thus empowers the State government to retire any
government servant on completion of fifty years of age or on completion of
qualifying service.

Before we advert to the question which we are required to decide, it is
necessary to notice the nature of an order compulsorily retiring a government H
446 SUPREME COURT REPORTS [2002] 2 S.C.R.

A servant under FR 56 (c). In Shyam Lal v. State of UP., (1955) I SCR 26, it
was held that an order of compulsory retirement is neither a punishment nor
any stigma attached to it and it was held therein as thus:

"There is no such element of charge or imputation in the case of
compulsory retirement. The two requirements for compulsory
B retirement are that the officer has completed twenty five years' service
and that it is in the public interest to dispense with his further services.
It is true that this power of compulsory retirement may be used when
the authority exercising this power cannot substantiate the misconduct
which may be the real cause for taking the action but what is important
to note is that the directions in the last sentence of Note I to Article
c 465-A make it abundantly clear that an imputation or charge is not
in terms made a condition for the exercise of the power. In other
words, a compulsory retirement has no stigma or implication of
misbehaviour or incapacity."

In Union of India v. J.N. Sinha, (1971] I SCR 791, it was held that an
D
employee compulsorily retired does not lose any right acquired by him before
retirement and that the said rule is not intended for taking any penal action
against the government servant and that the order retiring a government ..:..-
servant compulsorily can only be challenged on the ground that either the
order is arbitrary or it is not in public interest. No other ground is available
E to a government servant who is sought to be compulsorily retired from service
under the relevant rules subject to the conditions provided therein.

Coming to the main question whether entries beyond ten years of the
service record from the date of compulsory retirement could have been taken
into account by the government while retiring a government servant under
F FR 56 ( c) of the Rules, it is necessary to refer some of the decisions of this
Court.

In Baikuntha Nath Das and Anr. v. Chief District Medical Officer
Baripada and Anr., [ 1992) 2 SCC 299, this Court laid down certain principles
which are as under:
G
"(i) An order of compulsory retirement is not a punishment. It implies
no stigma nor any suggestion of misbehaviour.

(ii) The order has to be passed by the Government on forming the
opinion that it is in the public interest to retire a government servant
H compulsorily. The order is passed on the subjective satisfaction of the
STATE v. V.K. JAIN [KHARE, J.] 447
government. A
-'
(iii) Principles of natural justice have no place in the context of an

-
order of compulsory retirement. This does not mean that judicial
scrutiny is excluded altogether. While the High Court or this Court
would not examine the matter as an appellate court, they may interfere
if they are satisfied that the order is passed (a) mala fide or (b) that B
it is based on no evidence· or (c) that it is arbitrary - in the sense that
no reasonable person would form the requisite opinion on the given
material; in short, if it is found to be a perverse order.

... (iv) The government (or the Review Committee, as the case may be)
shall have to consider the entire record of service before taking a c
decision in the matter - of course attaching more importance to record
of and performance during the later years. The record to be so
considered would naturally include the entries in the confidential
records/character rolls, both favourable and adverse. If a government
servant is promoted to a higher post notwithstanding the adverse
remarks, such remarks lose their sting, more so, if the promotion is
D
based upon merit (selection) and not upon seniority.

(v) An order of compulsory retirement is not liable to be quashed by
a Court merely on the showing that while passing it uncommunicated
adverse remarks were also taken into consideration. That circumstance
E
by itself cannot be a basis for interference."

In State of Punjab v. Gurdas Singh, [1998] 4 SCC 92, it was held thus:

"Before the decision to retire a government servant prematurely is
taken the authorities are required to consider the whole record of
service. Any adverse entry prior to earning of promotion or crossing
F
of efficiency bar or picking up higher rank is not wiped out and can
be taken into consideration while considering the overall performance
of the employee during whole of his tenure of service whether it is
in public interest to retain him in the service. The whole record of

. " service of the employee will include any uncommunicated adverse
entries as well."
G

The aforesaid decisions unmistakably lay down that the entire service
record' of a government servant could be considered by the government while
exercising the power under FR 56 (c) of the Rules with emphasis on the later
entries. FR 56 (c) of the Rules read with sub-rule (2), empowers the State H
448 SUPREME COURT REPORTS [2002] 2 S.C.R.

·A government with an absolute right to retire an employee on attaining the age
of 50 years. It cannot be disputed that the dead woods need to be removed }
to maintain efficiency in the service. Integrity of a government employee is
foremost consideration in public service. If a conduct of a government
employee becomes unbecoming to the public interest or obstruct the efficiency
B in public services, the government has an absolute right to compulsorily
retire such an employee in public interest. The government's right to
compulsorily retire an employee is a method to ensure efficiency in public
service and while doing so the government is entitled under Fundamental
Rule 56 to take into account the entire service record, character roll or
confidential report with emphasis on the later entries in the character roll of
C an employee. In fact, entire service record, character roll or confidential -t-
report furnishes the materials to Screening Committee or the State government,
as the case may be, to find out whether a government servant has outlived
his utility in service. It is on consideration of totality of the materials with
emphasis on the later entries in the character roll, the government is expected
to form its opinion whether an employee is to be compulsorily retired or not.
D
Withholding of integrity of a government employee is a serious matter.
In the present case, what we find is that the integrity of the respondent was
withheld by an order dated 13.6.1997 and the said entry in the character roll
of the respondent was well within ten years of passing of the order of
E compulsory retirement. During pendency of the writ petition in the High
Court, the U.P. Services Tribunal on a claim petition filed by the respondent,
shifted the entry from 1997-98 to 1983-84. Shifting of the said entry to a
different period or entry going beyond ten years of passing of order of
compulsory retirement does not mean that its vigour and sting of the adverse
entry is lost. Vigour or sting of an adverse entry is not wiped out merely it
F is relatable to 11th or 12th yea.rs of passing of the order of .compulsory
retirement. The aforesaid adverse entry which could have been taken into
account while considering the case of the respondent for his compulsory
retirement from service, was duly considered by the State Government and
said single adverse entry in itself was sufficient to compulsorily retire the
G respondent from service. We are, therefore, of the view that entire service
record or confidential report with emphasis on the later entries in the character
roll can be taken into account by the government while considering a case for
compulsory retirement of a government servant.

It was not urged before us that the order compulsorily retiring the
H respondent was mala fide or was not in the public interest, and in the absence
STATEv. V.K.JAIN[KHARE,J.] 449
of such a case, we do not find any infirmity in the order compulsorily retiring A
the respondent from service.

For the aforesaid reasons, we find that this appeal deserves to be allowed.

- The order under challenge is set aside. The appeal is, accordingly, allowed.
No costs.

Civil Appeal No. 208512002 (@ S.L.P. (Civil) No. 897512001)
B

In view of the decision in Civil Appeal No. 2083/2002 (@ S.L.P (Civil)
No. 873812001), this appeal is rendered infructuous and is, accordingly,
dismissed. No costs.
c
N.J. Appeals disposed of.