What weight must be given to a government servant's performance in the years immediately preceding a decision on compulsory retirement, as against the earlier part of the service record?

While the entire service record must be considered, greater weight must be accorded to the service record of the immediate preceding years; a discernible decline in performance during that period is material the Committee is entitled to weigh under Rule 56(j).

Fundamental Rules — Rule 56(j) — Compulsory retirement — Judicial review — Entire service record — Fundamental Rules — Rule 56(j) — Compulsory retirement — Not punitive; narrow judicial review — Held: Compulsory retirement under Rule 56(j) of the Fundamental Rules is not punitive and carries no stigma; natural justice has no application to it. Judicial review remains available, but only where the order is malafide, based on no evidence, or arbitrary and perverse. (¶5, 6) Fundamental Rules — Rule 56(j) — Entire service record — "Washed-off theory" inapplicable — Held further: The "washed-off theory", under which adverse entries preceding a promotion lose relevance for further promotion, does not apply when assessing fitness for retention; the entire service record may be considered, with greater weight given to the immediate preceding years. (¶10, 11, 14) Fundamental Rules — Rule 56(j) — CISF Inspector — Decline in last two years justified retirement — Held further: The appellant's gradings declined from "Good" to "Average" through the two years immediately preceding retirement, accompanied by a censure and warnings for negligence, which the Committee was entitled to weigh; the compulsory retirement warranted no interference. Appeal dismissed. (¶9, 14, 16)

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