stigmatic compulsory retirement
Swami Sadashiva Brahmendra Sar
(Querist) 19 May 2009
This query is : Resolved
Normally a government servant can not challenge his compulsory retirement. is there any exception to this rule? can he challenge his compulsory retirement on the ground that it is stigmatic becuse some charges has been alleged ?
Guest
(Expert) 19 May 2009
Dear Sir, As the punishment of compulsory retirement is one of the major penalties awarded to a civil servant under Administrative Laws, there is a provision for appeal. For eg., if principles of natural justice is not followed during the proceedings, the individual has got valid reasons for appeal.
Learned experts views are sought regarding this discussion, please.
Guest
(Expert) 19 May 2009
If Compulsory retirement is imposed as a measure of punishment and the conduct rules won't prescribe 'compulsory retirement' as neither major penalty nor minor penalty, a government servant can challenge that order. If that order smacks of malafide or arbitrary or violative of equality doctrine, then also the order of compulsory retirement can be challenged.
Uma parameswaran
(Expert) 19 May 2009
If the compulsory retirement is forcefully and not proved ,then it is illegal and arbitrary.
