24. Before passing the impugned order, it was mandatory for the respondents
to examine the entire service record of the petitioner, more particularly, latest
one which, which would form foundation for the opinion. I am fortified in my
view by a judgement of the apex court reported as S. Ramachandra Raju Vs.
State of Orissa, 1994 Supp (3) SCC 424, wherein it has been held that:
Apex court in case titled
Union of India Vs. Dulal Dutt, (1993) 2 SCC 179 fhas held that the order should
be based on material and entire service record. It is apt to reproduce para 2 of
the judgement delivered in H.C.Gargis case supra, hereunder:
2The test in such cases is public interest as laid down by this Court in
Union of India v. J.N. Sinha, (1971) 1 SCR 791: (AIR 1971 SC 40). It does
not appear that there was any material on the basis of which the State
Government could have formed an opinion that it was in public interest to
compulsorily retire the appellant at the age of 57 years. There was really
no justification for his compulsory retirement in public interest. The
impugned order of compulsory retirement of the appellant under R
3.25(d) of the Rules must therefore be struck down as being arbitrary.
..
17. Admittedly, the petitioner came to be promoted to the selection grade in
the year 2004. How the allegations of the year 1997-98 can be made basis for
passing the impugned order of compulsory retirement. The apex court in AIR
1992 SC 1020, Baikuntha Nath Das case supra, while laying down the tests, has
held that if an officer/employee is promoted, any adverse entry existing in his
service records loses its sting. It is apt to reproduce para (iv) of the tests
hereunder:-
25. Same view has been taken by the apex court in case titled K. Kandaswamy
Vs. Union of India and another reported in AIR 1996 SC 277. It is profitable to
reproduce relevant observation of the Honble Court hereunder:-