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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Swapan Kumar Roy Ex-Head Constable/GD – Appellant
Versus
Union of India – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appeal is directed against the judgment and order dated January 4, 2024 passed by the learned Single Judge in WPA 6288 of 2012.
2. By the impugned judgment and order, learned Single Judge disposed of the writ petition by permitting the appellant before us to make a representation before review committee. In the event, such representation was made, learned Single Judge directed the review committee to dispose of the same on merits in accordance with the law.
3. Learned advocate appearing for the appellant draws the attention of the Court to the writ petition of the appellant. He submits that, appellant is aggrieved by the order dated March 13, 2012 by which, Rule 48(1)(b) of the Central Civil Services (Pension) Rules, 1972 was invoked as against the appellant. He submits that, there was no justification for invocation of such provision to compulsorily retire the appellant. He contends that, appellant received promotion within the last 5 years from the date of the order of compulsory retirement.
4. Learned advocate appearing for the appellant relies upon (2008) 17 Supreme Court Cases 365 (Uttar Pradesh Cooperative Sugar Factories Federation Limited versus
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 petitioner, having completed 9 years and 8 months of service, is entitled to pension under Rule 40 read with Rule 49(3) of the CCS (Pension) Rules, 1972, and the court interpreted the rules liber....
Compulsory retirement under CCS Pension Rules Rule 48 valid in public interest despite good APARs where service record shows multiple punishments indicating doubtful integrity and poor conduct.
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.
Court affirmed that compulsory retirement must follow procedural guidelines, with emphasis on subjective satisfaction of authorities based on the entire service record, highlighting narrow scope for ....
The decision of compulsory retirement is based on the subjective satisfaction of the employer, and the entire service record of the employee must be considered. The court's scope of judicial review i....
The court emphasized the necessity of adhering to principles of natural justice in compulsory retirement cases, ruling that arbitrary actions without substantial evidence are impermissible.
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