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The appellant was appointed in the Northern Railways in Ministerial Service on 14.07.1965 and was due to retire on 31.05.2002. The appellant, while working as Head Clerk in the Northern Railways was issued a Merit Certificate, wherein his work and conduct had been highly commended. The appellant was also selected for being promoted as Office Superintendent Grade-II. However, he was not given posting of the supervisory post. A junior to the appellant was favoured with the said posting and the appellant had protested against the favoured treatment and in the process he incurred the displeasure of his superior officers, particularly, respondent No.2. One of the employees sought for the "absentee" statement of tool room shop from the appellant.

The said "absentee" statement was given by the appellant to the said employee. This "absentee" statement was used by the employee in his petition filed against the Railways challenging the disciplinary action against him. This act on the part of the appellant was viewed as a mis-conduct and leakage of the official information. Charge- sheet was issued to the appellant alleging act of mis-conduct against him. The charge- sheet reads thus:

"Article 1 That the said Shri Pritam Singh while functioning as OS-II in time office on 31.08.1995 at 9.00 hrs. took the record of absence statement of tool room pertaining to 20.12.1993 from Shri O.P. Saini and leaked it out with the result the photocopy of absentee statement was attached by Shri Sewa Singh, Harjit Singh and Subeg Singh with their rejoinder to O.A. No.859/PB/95 filed in CAT/CDG to be used against UOI leaking of absentee statement is a serious misconduct and speaks of doubtful integrity of Shri Pritam Singh. Thus, he violated the Rule 31(i), (ii) and (iii) of Rly. Services Conduct Rules, 1966."

statement to one of the employees who in turn utilised the same in the case filed by him against the Railways and that "absentee" statement supplied by the appellant was neither a confidential document nor a privileged document. The employee concerned has the right of information and when he asked for the same, the same could not have been denied to him and that the supply of the "absentee" statement was not prohibited either by law or by any administrative circulars. It was further submitted that the appellant had a long service career of 31 years and his service was highly commended with merit certificate issued to him. Concluding his argument, the learned counsel submitted that the entire act of respondent No.3 in slapping one after another five charge-sheets in the course of 15 days was an act of revengeful and malafide and that the appellant admitted the charge by filing a memo of confession hoping against hope that he would be leniently dealt with. Mr. Nagaraja submitted that in view of the above factors, the extreme punishment of compulsory retirement is vitiated by unreasonableness, irrationality and dis-proportionality.

In this background of facts, the following question of law arises for consideration by this Court:-

Whether the punishment of compulsory retirement imposed upon the Petitioner is highly disproportionate to the admitted guilt of supplying absentee statement to one of the employees particularly when the Petitioner, in his long devoted blemishless service of 31 years, was never served with any adverse entries/remarks and all of a sudden in the course of a fortnight, on the verge of his retirement, was slapped with one after another series of charge-sheets on account of the wrath and displeasure of Respondent No.3 only?