D.B.Civil Special Appeal No.718/2008 The Managing Committee, Lachoo Memorial College of Science & Technology V/s The Non-Government Educational Tribunal & ors. 20.8.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Sangeet Lodha Mr.R.S.Saluja for the appellant. Heard Mr.R.S.Saluja, learned counsel for the appellant. This appeal is directed against order dated 8.5.2008 passed by the learned Single Judge of this Court in writ application no.2957/08 whereby and whereunder the writ application filed by the appellant challenging the order dated 5.10.2007 passed by the Rajasthan Non-Government Educational Tribunal setting aside the order of compulsory retirement, was dismissed. The learned Single Judge of this Court, on appreciation of pleadings of the parties, held that the order of compulsory retirement was passed by way of punishment that also without holding an enquiry and giving opportunity to the employee to defend himself. Learned counsel submits that the mode adopted by the employer in passing the order of compulsory retirement may not be said to be stricto sensu in conformity with law, but the same was passed after examining the situation and the conduct of the employee. On perusal of the order of compulsory retirement as contained in Annex.3 to the writ application, it would appear that this order was passed by way of punishment and not on account of completing the age of 50 years. The order of compulsory retirement, in that view of the matter, appears to be stigmatic. The learned Single Judge of this Court faced with this situation was wholly justified in dismissing the writ application and affirming the order of Tribunal. This appeal accordingly is dismissed. (Sangeet Lodha)J. (Narayan Roy)CJ Parmar