KISHAN LAL GANCHHA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO. 516/09) 1 KISHAN LAL GANCHHA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO. 516/09) Dated:- 22.7.2009. HON'BLE MR.JUSTICE A.M.KAPADIA HON'BLE MR.JUSTICE SANGEET LODHA Mr. K.S.Gill, for the appellant. 1. This special appeal is directed against order dated 5.5.08 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant assailing the validity of order retiring him compulsorily issued by the Executive Officer of the respondent Municipal Board, Pratapgarh (in short “the Board” hereinafter) in pursuance of the resolution adopted by the Board in its meeting held on 29.11.06 , stands dismissed. 2. The learned Single Judge has found that the order retiring the appellant compulsorily has been passed by the Board after due consideration of his entire service record. The learned Single Judge held that the resolution adopted by the Board retiring the appellant compulsorily is not based on extraneous consideration. The learned Single Judge further observed that the appellant is in habit of remaining under intoxication and for such employee decision to place him under compulsory retirement is quite lenient and therefore, the same is not required to be interfered with. KISHAN LAL GANCHHA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO. 516/09) 2 3. It is contended by the learned counsel for the appellant that before passing the order of compulsory retirement, the appellant was not given any opportunity of hearing and therefore, the major penalty imposed by the respondents without holding any disciplinary proceedings is bad in law. 4. From bare perusal of the resolution adopted by the Board and the order retiring the appellant compulsorily, it is apparent that the appellant has been compulsorily retired in the public interest for efficiency of the service, after due consideration of his entire service record. The resolution adopted by the Board so also the order impugned passed in pursuance thereof, is neither punitive nor stigmatic . It is settled law that such order of compulsory retirement are passed on the subjective satisfaction of the employer after due consideration of the entire service record of employee with the emphasis on the later entries in the character roll. The order of compulsory retirement passed by the employer to ensure efficiency in the service can be interfered with by the court only if the same is found to be arbitrary, mala fide and based on no evidence. The principles of natural justice has no application in the matters in the context of an order of compulsory retirement therefore, the appellant was not entitled for any opportunity of hearing before passing the order impugned. Looking to the adverse service record of the KISHAN LAL GANCHHA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO. 516/09) 3 appellant, especially of the recent years, taken into consideration by the Board , in our considered opinion, the resolution adopted by the Board retiring the appellant compulsorily cannot be said to be arbitrary, mala fide or based on no evidence. 5. We are in full agreement with the findings arrived at by the learned Single Judge and in our considered opinion, the learned Single Judge has committed no error whatsoever in declining to interfere with the order impugned. 6. In the result, the special appeal fails, it is hereby dismissed. No order as to costs. (SANGEET LODHA),J. (A.M.KAPADIA),J.