The Chhattisgarh High Court has ruled that compulsory retirement is not ordered as a punishment. The court made this ruling in the case of a government employee who was compulsorily retired at the age of 50 without completing seven years of regular service.
The petitioner argued that his annual confidential reports were not taken into account while ordering his compulsory retirement. However, the court found that the petitioner had a criminal case registered against him and his overall grade was below average.
According to Rule 56(2)(a) of Chhattisgarh Fundamental Rules, the state has the authority to compulsorily retire a government servant who has completed 20 years of service or attained 50 years of age. The decision should consider factors like honesty, integrity, physical capability, work, and conduct.
In this case, the court justified the decision to retire the petitioner by stating that his overall grade was below average and it was taken in public interest and on subjective satisfaction, not as a punishment.