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New Delhi, Nov 7: The Supreme Court has held that an order of compulsory retirement is neither punitive nor stigmatic in character and does not cast any aspersion on the conduct of an employee, nor does it imply any finding of misconduct.
A bench of Justices Manmohan and Shree Chandrashekhar, which upheld the Chhattisgarh government's order of compulsory retirement to five of its 14 employees, said it was based on subjective satisfaction of the competent authority that the employee's continued retention in service is no longer conducive to public interest.
Court added that such an order does not cast any aspersion upon the conduct of the employee nor does it imply any finding of misconduct.
The ultimate assessment as to whether an officer has become dead wood or whether his continuance would be detrimental to administrative efficiency falls within the domain of the executive. However, such satisfaction cannot be found upon mere conjecture or whim. It must rest upon objective and relevant material available on record, Court added
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