The Central Administrative Tribunal has held that compulsory retirement of a government employee cannot be treated as a punishment and it can be done in public interest.

“The order of compulsory retirement is passed on the subjective satisfaction of the government and it does not amount to punishment,” the Tribunal Bench, comprising Vice-Chairman L K Joshi and Member D P Sharma, said. The Tribunal passed the order on a petition by an Assistant (posted at CISF HQ) Surender Pal Singh, challenging an order of the union home ministry retiring him from service compulsorily in the wake of a report by the Internal Review Committee of the Central Industrial Security Force.

The report recommended that the government retire Singh from service in public interest on ground of ineffectiveness in performing duty. “Under the Fundamental (service) Rules, the government has been given absolute right to retire Mr. Singh if they are of the opinion that it is in the public interest to do so,” the tribunal said. Singh had assailed the legality and correctness of the order saying it had been passed only on the basis of two minor punishments meted out to him including one of censure in 2007. Taking note of the report, the Tribunal held: “It cannot be said to be based on no evidence as the committee while recommending Mr. Singh for compulsory retirement in public interest has taken into consideration his entire service record which was not found to be satisfactory.”