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1 - 3 of 3 (0.19 seconds)S. Ramachandra Raju vs State Of Orissa on 31 August, 1994
In S. Ramachandra Raju vs. State
of Orissa [(1994) 3 SCC 424], a Bench of this Court to which
one of us (K. Ramaswamy, J.) was a member, considered the
entire case law and held that "the Government must exercise
its power only in the public interest to effectuate the
efficiency of the service. The dead wood needs to be removed
to augment efficiency. Integrity in public service needs to
be maintained. The exercise of power of compulsory
retirement must not be a haunt on public servant but must
act as a check and reasonable measure to ensure efficiency
of service and free from corruption and incompetence. The
officer would live by reputation built around him. In an
appropriate case, there may not be sufficient evidence to
take punitive disciplinary action of removal from service.
But his conduct and reputation is such that his continuance
in service would be a menace to public service and injurious
to public interest. The entire service record or character
rolls or confidential reports maintained would furnish the
backdrop material for consideration by the Government or the
Review Committee or the appropriate authority. On
consideration of the totality of the facts and circumstances
alone; the Government should form the opinion that the
Government officer needs to be compulsorily retired from
service. Therefore, the entire record more particularly, the
latest, would form the foundation for the opinion and
furnish the base to exercise the power under the relevant
rule to compulsorily retire a Government officer."
Article 309 in Constitution of India [Constitution]
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