Back
RAJA BASU CHOWDHURY
Ashok Kundu – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The instant writ petition has been filed, inter alia, challenging the order dated 2nd April, 2012 issued under Clause 1(b) of Rule 48 of Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the “said Rules”) thereby, compulsorily retiring the petitioner from services.
2. Shorn of unnecessary details, the facts are that the petitioner had been employed in the Central Industrial Security Force (hereinafter referred to as the “CISF”) and at the relevant point of time was posted at CISF Unit, Kolkata Port Trust.
3. It is the petitioner’s case that he was appointed on 21st November, 1981. Subsequently, he was promoted to the rank of Lance Naik and later to the post of Head Constable in the month of May, 2002. The petitioner claims that by letter dated 27th December, 2011, he was informed by the Commandant that he had been awarded 14 minor penalties and accordingly, it was decided to issue a recordable warning for the past indifferent service of the petitioner. Subsequently, by a letter dated 19th March, 2012, the Superintendent, Bangur Hospital had direc
An order of compulsory retirement is not a punishment and can be passed on the subjective satisfaction of the government. Waiver of the right to make a representation against premature retirement pre....
The main legal point established in the judgment is that while the petitioner's failure to make a representation within the specified time ordinarily disentitled him to challenge the premature retire....
The court upheld the authority's power to retire a government servant in public interest after 30 years of service, affirming that procedural safeguards do not always require a show cause notice.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
The court held that compulsory retirement must be based on a comprehensive review of performance, not merely on pending allegations, ensuring due process is followed in such decisions.
Compulsory retirement must be executed by the appointing authority, following due legal procedures and cannot be imposed as a penalty without disciplinary proceedings.
The decision to compulsorily retire a government servant under FR 56(j) must be made in public interest, and judicial scrutiny is limited to cases of mala fide exercise of power or lack of evidence. ....
Premature retirement must not substitute for disciplinary action and should be based on clear evidence of public interest, not unsupported allegations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
