Appeal No 381 of 1970
Appeal from the judgment and order dated December 22 1969 of the Delhi High Court in Civil Writ No 746 of 1969
Niren De Attorney General and section P Nayar for the appellant
Sardar Bahadur Vishnu Bahadur and Yougindra Khushalani for respondent No 1
G section Chatterjee for respondent No 2
Hegde J In this appeal by certificate the only question that was canvassed before us was as regards the validity of the order contained in memorandum No F 16 4268 S 1 dated August 13 1969 issued by the Government of India Ministry of Education and Youth Services retiring the 1st respondent compulsorily from government service in exercise of the powers conferred under cl
j of Fundamental Rule 56 with effect from August 14 1969
That order was attacked before the High Court on various grounds
The High Court rejected some of those grounds
It did not find it necessary to decide  a few others but accepting the contention of the respondent that in making the order the appellant had violated the principles of natural justice it held that the impugned order is invalid The High Court accordingly issued a writ of certiorari quashing that order
Before us the only contention presented for our decision was whether the High Court was right in holding that in making the impugned order the appellant had violated the principles of natural justice
No other contention was taken before us
Hence we shall address ourselves only to that question
793 Before proceeding to examine the contention above formulated it is necessary to set out the material facts
The 1st respondent
herein Col J N Sinha successfully competed in the examination held by the Federal Service Commission in 1938 for the post of Extra Assistant Superintendent in the Survey of India Service
After selection he was appointed as an Extra Assistant Superintendent
He worked as probationer for a period of three years and thereafter he was confirmed in that post in 1941
During the second world war he Volunteered for active service in the army and was granted an emergency Commission in the army
He was granted a regular commission in the army with effect from October 23 1942
In exercise of the powers conferred by the proviso to article 309 of the Constitution the President of India made on August 17 1950 rules called the Survey of India Recruitment from Corps of Engineering Officers Rules 1950 for regulating the recruitment and conditions of service of persons appointed from the Corps of Engineering Officers of the Defence Ministry to the Survey of  India Class I Service
Rule 2 of the said Rules provides for the recruitment of Military Officers to the Survey of India Class I Service and Rule 3 provides that the recruited officers will be on probation for two years which may be extended by the Government on the advice of the Surveyor General
The 1st respondent was taken into the Survey of India Class I Service under Rule 2 of the aforesaid 1950 Rules as Deputy Superintendent Surveyor with effect from June 1951
Thereafter the President of India in exercise of the powers under the proviso to article 309 made on July 1 1960 the Survey of India Class I Recruitment Rules 1960 for regulating the recruitment of Survey of India Class I Service
The 1st respondent was subsequently promoted firstly as Superintending Surveyor and then as Deputy Director
After sometime he was promoted as Director and lastly as Director Selection Grade
The last mentioned promotion was made with effect from October 27 1966
On May 17 1969 Fundamental Rule 56j was amended
Thereafter on August 13 1969 the Ministry of Education and Youth Services issued the impugned order
The 1st respondent was given three months pay and allowances in lieu of three months notice prescribed in Fundamental Rule 561
The 1st respondent being aggrieved by that order challenged the validity of the same
As mentioned earlier the High Court accepted his plea
The Union of India has appealed against that order
Fundamental Rule 56j reads Notwithstanding anything contained in this Rule the appropriate authority shall if it is of the opinion that it is in the public interest so to do have the absolute right 794 to retire any Government servant by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice i if he is in Class I or Class II Service or post the age limit for the purpose of direct recruitment to which is below 35 years after he has attained the age of 50 years
ii In any other case after he has attained the age of 5 5 years
Provided that nothing in this clause shall apply to a Government servant referred to in clause e who entered Government service on or before 23rd July 1966 and to a Government servant referred to in clause f  
 The order impugned merely says that in pursuance of cl 5 6 the President was pleased to decide that in public interest the 1st respondent should retire from government service with effect from August 13 1969 and that he would be given three months pay and allowances in lieu of three months notice provided in the said rule
No reasons are given for compulsorily retiring the 1st respondent
Admittedly no opportunity was given to him to show cause against his compulsory retirement
The failure on  the part of the concerned authority to give an opportunity to the 1st respondent to show cause against his compulsory retirement was held by the High Court to have amounted to a contravention of the principles of natural justice
The validity of Fundamental Rule 56j was not questioned before the High Court nor before us
Its validity is not open to question in view of the decision of this Court in T G Shivacharana Singh and Ors
vs State of Mysore1
Fundamental Rule 56j in terms does not require that any opportunity should be given to the concerned government servant to show cause against his compulsory retirement
A government servant serving under the Union of India holds his office at the pleasure of the President as provided in article 310 of the Constitution
But this Pleasure doctrine is subject to the rules or law made under article 309 as well as to the conditions prescribed under article 311
Rules of natural justice are not embodied rules nor can they be elevated to the position of fundamental rights
As observed by this Court in Kraipak and Ors
vs Union of  India2 the aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice
These rules can operate only in areas not covered by any law validly made
In other words they do not supplant the law but supplement it
 It 1 A I R 2 A I R 795 is true that if a statutory provision can be read consistently with the principles of natural justice
the courts should do so because it must be presumed that the legislatures and the statutory authorities intend to act in accordance with the principles of naural justice
But if on the other hand a statutory provision either specifically or by necessary implication excludes the application of any or all the principles of natural justice then the court cannot ignore the mandate of the legislature or the statutory authority and read into the concerned provision the principles of natural justice
Whether the exercise of a power conferred should be made in accordance with any of the principles of natural justice or not depends upon the express words of the provision conferring the power the nature of the power conferred the purpose for which it is conferred  and the effect of the exercise of that power
Now coming to the express words of Fundamental Rule 56j it says that the appropriate authority has the absolute right to retire a government servant if it is of the opinion that it is in the public interest to do so
The right conferred on the appropriate authority is an absolute one
That power can be exercised subject to the conditions mentioned in the rule  one of which is that the concerned authority must be of the opinion that it is in public interest to do so
If that authority bona fide forms that opinion the correctness of that opinion cannot be challenged before courts
It is open to an aggrieved party to contend that the requisite opinion has not been formed or the decision is based on collateral grounds or that it is an arbitrary decision
The 1st respondent challenged the opinion formed by the government on the ground of mala fide
But that ground has failed
The High Court did not accept that plea
The same was not pressed before us
The impugned order was not attacked on the ground that the required opinion was not formed or that the opinion formed was an arbitrary one
One of the conditions of the 1st respondent s service is that the government can choose to retire him any time after he completes fifty years if it thinks that it is in public interest to do so
Because of his compulsory retirement he does not lose any of the rights acquired by him before retirement
Compulsory retirement involves no civil consequences
The aforementioned rule 56j is not intended for taking any penal action against the government servants
That rule merely embodies one of the facets of the pleasure doctrine embodied in article 3 1 0 of the Constitution
Various considerations may weigh with the appropriate authority while exercising the power conferred under the rule
In some cases the government may feel that a particular post may be more usefully held in public interest by an officer more competent than the one who is holding
It may be that the officer who is holding the post is not inefficient but the appropriate authority may prefer to have a more efficient officer
It may further be 796 that in certain key posts public interest may require that a person of undoubted ability and integrity should be there
There is no denying the fact that in all organizations and more so in government organizations there is good deal of dead wood
It is in public interest to chop off the same
Fundamental Rule 56j holds the balance between the rights of the individual government servant and the interests of the public While a minimum service is guaranteed to the government servant the government is given power to energise its machinery and make it more efficient by compulsorily retiring those who in its opinion should not be there in public interest
It is true that a compulsory retirement is bound to have some adverse effect on the government servant who is compulsorily retired but then as the rule provides that such retirements can be made only after the officer attains the prescribed age
Further a compulsorily retired government servant does not lose any of the benefits earned by him till the date of his retirement
Three months  notice is provided so as to enable him to find out other suitable employment
In our opinion the high Court erred in thinking that the compulsory retirement involves civil consequences
Such a retirement does not take away any of the rights that have accrued to the government servant because of his past service
It cannot be said that if the retiring age of all or a section of the government servants is fixed at 50 years the same would involve civil consequences
Under the existing system there is no uniform retirement age for all government servants
The retirement age is fixed not merely on the basis of the interest of the government servant but also depending on the requirements of the society
The High Court was not justified in seeking support for its conclusion from the decision of this Court in State of Orissa vs Dr Miss Binapani Dei and ors1 and A K Krailpak vs Union of India 
In Binapani Dei s case  Dr Binapani Dei s date of birth was refixed by the government without giving her proper opportunity to show that the enquiry officer s report was not correct
It is under those circumstances this Court held that the order refixing the date of birth was vitiated for failure to comply with the principles of natural justice
Therein the impugned order took away some of the existing rights of the petitioner
In Krapak s case  a committee consisting of Chief Conservator of Forest Kashmir and others was appointed to recommend names of the officers from Kashmir Forest Service for 1  2 AIR 1970 SC 150 797 being selected for the Indian Forest Service
The Chief Conservator of Forests Kashmir was one of the candidates for selection
Further it was established therein that some of the officers who competed with him had earlier challenged his seniority and consequently his right to be the Chief Conservator and that dispute was pending
Under those circumstances this Court held that there was contravention of the principles of natural justice
For the reasons mentioned above we are unable to agree with the conclusion reached by the High Court that the impugned order is invalid
We accordingly allow this appeal set aside the judgment and decree of the High Court and dismiss the writ petition
In the circumstances of the case we make no order as to costs
The Court by order dated November 18 1970 and January 19 1971 on an application for review filed by the respondent vacated its order dismissing the writ petition
Instead the proceedings were remanded to the High Court for decision on such points as were not dealt with and decided in the judgment of that court
Ed GC Appeal allowed
Proceedings remanded


Summary:
The first respondent joined the post of Extra Assistant Superintendent in the Survey of India Service in 1938
Later he was taken into the Class I Service of the Survey of India and rose to the post of Deputy Director
He also officiated as Director
On August 13 1969 the President of India pleased by an order under Rule 56j of the Funda mental Rules to compulsorily retire the first respondent from Government service
No reasons were given in the order
The appellant challenged the order by a writ petition in the High Court
The failure on the part of the concerned authority to give opportunity to the first respondent to show cause against his compulsory retirement was held by the High Court to have amounted to a contravention of the principles of natural justice
Against the judgment of the High Court the Union of India appealed
HELD  Rules of natural justice are not embodied rules nor can they be elevated to the position of fundamental rights
As observed by this Court in Kralpak s case these rules can operate only in areas not covered by any law validly made
If a statutory provision can be read consistently with the principles of natural justice the Courts should do so because it must be presumed that the legislatures and the statutory authorities intend to act in accordance with the principles of natural justice
But on the other hand a statutory provision either specifically or by necessary implication excludes the application of any or all the principles of natural justice then the court cannot ignore the mandate of the legislature or the statutory authority and read with the concerned provision the principles of natural justice
Whether the exercise of a power conferred should be made in accordance with any of the principles of natural justice or not depends upon the express words of the provision conferring the power the nature of the power conferred the purpose for which it is conferred and the effect of the exercise of the power
794 G 795 C Fundamental Rule 56i does not in terms require that any opportunity should be given to the concerned Government servant to show cause against his compulsory requirement
It says that the appropriate authority has the absolute right to retire a government servant if it is of the opinion that it is in the public interest to do so
If that authority bona fide forms that opinion the correctness of that opinion cannot be challenged before courts though it is open to an aggrieved party to contend that the requisite opinion has not been formed or the decision is based on collateral grounds or that it is an arbitrary decision
The respondent had not challenged the impugned order on any of these grounds
795 D F Compulsory retirement does not involve any civil consequence
A person retired under Rule 56i does not lose any of the rights acquired 792 by him before retirement
The rule is not intended for taking any penal action against government servants
It merely embodies one of the facets of the pleasure doctrine embodied in article 310 of the Constitution
The rule holds the balance between the rights of the individual government servant and the interests of the public
While a minimum service is guaranteed to the government servant the government is given power to energise its machinery and make it more efficient by compulsorily retiring those who in its opinion should not be there in public interest
Three months notice is provided to enable the retired employee to find out other suitable employment
795 G 796 B On the above view of the law namely that no notice to show cause was required the appeal must be allowed
T G Shivacharana Singh vs State of Mysore AIR 1965 SC 280
Kraipak and Ors
vs Union of India AIR 1970 SC 150 State of Orissa vs Dr Miss Binapani Dei and Ors  distinguished