Supreme Court rejects washed‑off theory in CISF compulsory retirement case

The Supreme Court of India dismissed the appeal of a former Central Industrial Security Force (CISF) inspector who challenged his compulsory retirement under Fundamental Rule 56(j). The Court held that the “washed‑off theory”, which erases adverse entries after promotion, applies only to promotion matters and not to decisions on retention in service. Consequently, an employee’s entire service record may be considered, with greater weight given to recent performance.

The appellant, Sushil Sharma, joined the CISF in 1982, was promoted to Sub‑Inspector in 1990 and to Inspector in 2003, and was retired at age 50 after the Internal Screening Committee found his recent Annual Confidential Reports to show a decline in performance. The decision was affirmed by the Review Committee, the Delhi High Court, and now the Supreme Court, which cited the precedent Rajasthan State Road Transport Corporation v. Babu Lal Jangir. The Court described compulsory retirement as a non‑punitive measure aimed at removing “deadwood” from public service and affirmed that judicial review is limited to checking for arbitrariness or lack of evidence.