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| ''Dead wood'' among employees can be compulsorily retired: SC | | | Agencies
New Delhi, Juen 28: The Supreme court has said ''dead wood'' among government emloyees can be compulsorily retired and principles of natural justice were not required to be complied with.
A bench comprising Justices S B Sinha and Mukundkam Sharma, in their judgement, noted, ''The law relating to compulsory retirement is no longer res integra. Such an order of compulsory retirement interalia can be passed when the officer concerned is found to be a deadwood.
''Although for the said purpose, the principles of natural justice are not required to be complied with and in adverse entries made in the confidential record, including uncommunicated entries, may be taken into consideration. ''However, the same should not be passed in place of or in lieu of disciplinary proceedings. If an order of compulsory retirement is stigmatic in nature, the same would be bad in law. ''It is furthermore well settled that when the state lays down the rule for taking any action against an employee which would cause civil or evil consequence, it is imperative on his part to scrupulously follow the same,'' the bench said.
Justice Sinha, speaking for the bench while setting aside the judgement of Punjab and Haryana High Court and allowing the appeal of the appelant Swaran Singh Chand against his compulsory retirement, noted, ''It is also not the case where there has been a steady decline in the performance of employee and he was given promotion despite adverse entries in his service record.
''In a case of this nature, the appalent has not alleged malice of facts. The requirement to comply with the direction contained in the circular letter dated August 14, 1981, issued by the Punjab government, was necessary. Non-compliance would amount to malice in law,'' he said. He further noted, ''When an order suffer from malice in law, neither any averment as such is required to be made nor strict proof thereof is insisted upon. Such an order being illegal would be wholly unsustainable.''
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