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RAJENDRA M. SAREEN
Jagdishkumar Jashvantlal Mehta – Appellant
Versus
Gujarat Housing Board – Respondent
JUDGMENT :
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :
(i) quash and set aside impugned orders dated 08.05.2015 as well as 14.07.2016 passed in order-in-appeal and further be pleased to direct the respondent No.1 to reinstate the petitioner in service with full back wages, consequential benefits as if Order dated 08.05.2015 is not passed;
(ii) to direct respondent No.2 to hold detail inquiry into the representations made by the petitioner with regard to the illegalities and irregularities committed in Gujarat Housing Board and to take stern and prompt action against the concerned personnel in the said irregularities;
(iii) to direct respondent No.2 to take immediate and stern action against respondent Nos.4 to 9 for passing absolute illegal and unjustified order of premature retirement purely out of victimization and in mala fide manner;
(B) …
(C) …”
2. If we peruse the record, it appears that the petitioner joined the services of the Board in 1990 as an Assistant Engine
Compulsory retirement should be based on public interest, and proper procedures should be followed, avoiding shortcuts to avoid departmental inquiries.
The assessment of an employee's entire service record is crucial for deciding on compulsory retirement, and the order must be based on proper grounds and subjective satisfaction of the authority.
Premature retirement must not substitute for disciplinary action and should be based on clear evidence of public interest, not unsupported allegations.
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. ....
Disciplinary actions must adhere to procedural safeguards; arbitrary penalties without necessary inquiries infringe upon employee rights.
Point of Law : Rule 56(j) of Fundamental Rules is an extension of “Doctrine of Pleasure”, If the employer - Union of India is of the opinion that no useful purpose will be served by continuing an emp....
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
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