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.

JUDGMENT :

SHALINDER KAUR, J.

1. The petitioner joined the Central Industrial Security Force (CISF) on 16.07.1986 as a Constable and was subsequently promoted to the rank of Head Constable (General Duty) on 24.09.2008. After completing 30 years of service, the petitioner was considered for Superannuation Review under Rule 48 of Central Civil Services (Pension) Rules, 1972 (in short "CCS Rules") by a Superannuation Review Committee, which assessed the entire service record of the petitioner, including his Annual Confidential Report (in short "ACR") gradings and punishments awarded to him during his service term and found him "not fit for retention in service." Consequently, the petitioner was prematurely retired from the CISF with effect from 16.07.2016 vide order dated 08.07.2016 passed by the Office of Commandant, CISF.

2. The petitioner preferred an appeal dated 21.07.2016 to the Director General, CISF against the retirement order dated 08.07.2016. The Appellate Authority, being the Deputy Inspector General, CISF, vide the order dated 12.01.2017, rejected the said appeal and the order of premature retirement was affirmed.

3. It is the case of the petitioner that the Appellate Authority failed to comply with the preconditions of Clause (j) of Rule 56 of the Fundamental Rules (in short "FR") as the petitioner was never informed or given any Show Cause Notice by the concerned authority before invoking the said provision. The Impugned Order was solely based on the report of Superannuation Review Committee, without providing the petitioner an opportunity of being heard, and furthermore, the order was non-speaking and did not give reasons.

SUBMISSIONS ON BEHALF OF THE PARTIES :

4. The learned counsel for the petitioner submitted that the order of premature retirement has serious consequences, therefore, an opportunity of a hearing should have been given to the petitioner. The petitioner was not granted any opportunity to submit any document, nor was he granted the opportunity to present his contention in defence before the Superannuation Review Committee. The petitioner claimed that the Impugned Orders are, therefore, liable to be set aside and the petitioner is entitled to be reinstated in service.

5. The learned counsel for the petitioner submitted that an individual in Group "A" and "B" services may be made to retire in public interest on attaining the age of 50 years. However, the petitioner, being in Group "C" service, has been retired prematurely by invoking the provisions of Rule 56(j) of FR, which is in no manner applicable in his case, as he could not have been compulsorily retired before attaining the age of 55 years.

6. The learned counsel for the petitioner further submitted that the Appellate Authority has failed to take into account that the petitioner has three children, who are currently in school, as well as dependent parents. The Appellate Authority should have considered the appeal of the petitioner sympathetically.

7. He submitted that the Impugned Order, thus, was arbitrary and unreasoned, being violative of the Fundamental Rules. Furthermore, the reasons cited for inflicting the penalty of premature retirement upon the petitioner were not sufficient to arrive at such a decision. Even otherwise, the petitioner had been awarded only minor punishments, for which he cannot be further penalized by awarding a severe penalty of premature retirement. The learned counsel further submitted that the petitioner has rendered his services for a period of 30 years with the CISF, having an unblemished career, while following all standard of discipline as is expected from an enrolled member of the Force.

8. While refuting the submissions made on behalf of the petitioner, the learned counsel for the respondents submitted that as per the Rule 56 (j) of FR and Rule 48 of the CCS Rules, the Appointing Authority is empowered to retire a Government Servant in the public interest, before his normal date of retirement, on attaining the age