Adverse Entry in confidential report relating to remote period can not be taken in to consideration for compulsorily retiring judge
It would be an act bordering on perversity to dig out old files to find out some material to make an order against an officer. Dependence on entries about 20 years before the date on which the decision of compulsory retirement was taken cannot placed for retiring a person compulsorily, particularly when such person concerned has been promoted subsequent to such entries. [474H; 475A] D.Ramaswami v. State of Tamil Nadu, [19811 2 S.C.R. 75 referred to.
2. The power to retire a Government servant compulsorily in public interest in terms of a service rule is absolute provided the authority concerned forms 467
an opinion bona fide that it was necessary to pass such an order in public interest. But if such decision was based on collateral grounds or if the decision was arbitrary, it is liable to be interfered with by Courts. [469 B-C] Union of India v. Col. J.N. Sinha Anr., [1971] 1 S.C.R. 791; Union of India v. M.E. Reddy & Anr., [1980] 1 S.C.R. 736; Swami Saran Saksena v. State of U.P., [1980] 1 S.C.R. 923; Baldev Raj Chadha Y. Union of India & ors [1981] 1 S.C.R. 430; and Brij Bihari Lal Aga
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