Baldev Raj Chadha vs Union Of India & Ors on 18 August, 1980
6. Learned advocate for the respondent relied on a
decision in the case of Baldeve Raj Chandra V. Union of
India (1981) 1 SCR 430 AIR 1981 SC 70). In that case, the
appellant was compulsorily retired on the basis of his poor
performance many years ago. He had been allowed to cross
the efficiency bar and there was nothing adverse in his
service record for the past five years. The Court said that the
order of compulsory retirement could not be sustained as it
ignored relevant material. This judgment has no application
to the facts of the present case.
13. While viewing this case from the next angle for
judicial scrutiny i.e., want of evidence or material to reach
such a conclusion, we may add that want of any material is
almost equivalent to the next situation that from the
available material no reasonable man would reach such a
conclusion. While evaluating the materials the authority
should not altogether ignore the reputation in which the
officer was held till recently. The maxima Nemo Firut
Repente Turpissiums (no one becomes dishonest all of a
sudden) is not unexceptional but still it is salutary guideline
to judge human conduct, particularly in the field of
Administrative Law. The authorities should not keep the
eyes totally closed towards the overall estimation in which
the delinquent officer was held in the recent past by those
who were supervising him earlier. To dunk an officer into
the puddle of doubtful integrity it is not enough that the
doubt fringes on a mere hunch. The doubt should be of
such a nature as would reasonably and consciously be
entertain able by a reasonable man on the given material.