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GAUHATI HIGH COURT
H.K.Sema, J.
Debendra Kumar Singh -Appellant
Versus
North Eastern Regional Medical College Society -Respondent
Civil Rule No. 178 of 1991
Decided On : 15-11-1995
COMPULSORY RETIREMENT - FR 56 (J) - FR 56 (J) - COURT QUASHED THE COMPULSORY RETIREMENT ORDER ISSUED TO THE PETITIONER AS IT WAS ARBITRARY AND NOT BASED ON ANY MATERIAL.
Fact of the Case:
Petitioner, Secretary to the Chairman NERMC Society, was compulsorily retired from service in public interest under FR 56 (j) with effect from 11.3.1991. The order was later modified to be effective from 1.4.1991. Petitioner challenged the order on the grounds that it was issued without following the criteria and procedures for premature retirement and that it was malafide and arbitrary.
Finding of the Court:
The court found that the impugned order was passed without considering the petitioner's entire service record, including his ACRs. The court also found that the grounds mentioned in Note No.48, which formed the basis for the petitioner's compulsory retirement, were not sufficient to justify such action. The court held that the impugned order was arbitrary and quashed it.
Issues: 1. Whether the impugned order of compulsory retirement was passed in accordance with the criteria and procedures for premature retirement? 2. Whether the impugned order was malafide and arbitrary?
Ratio Decidendi: The court held that the impugned order was not passed in accordance with the criteria and procedures for premature retirement as the petitioner's entire service record was not considered before issuing the order. The court also held that the grounds mentioned in Note No.48 were not sufficient to justify the petitioner's compulsory retirement and that the order was therefore arbitrary.
Final Decision: The court quashed the impugned order of compulsory retirement and directed the respondents to pay the petitioner his back wages from 1.4.1991 to 28.2.1993, along with interest at the rate of 12% per annum from the date of payment due till the payment is made.
"Order by the Chairman Imphal, the 8th March, 1991
No.B/1044/83-MC. Whereas the Chairman, NERMC Society Manipur is of the opinion that it is in the public interest to do so.
Now, therefore, in exercise of the powers conferred by clause (j) of Rule 56 of the Fundamental Rules, the Chairman, NERMC Society, Manipur hereby give notice to Shri L. Debenkumar Singh, Private Secretary to Chairman, NERMC Society, Manipur that he, having on attaining the age more than fifty five years shall retire from service with effect from the forenoon of 11.3.91 or from the date of service of this notice on him, whichever is later.
Further, the Chairman, NERMC Society, Manipur is pleased to allow him to draw 3 (three) months' pay and allowances in lieu of notice.
By order and in the name of the Chairman.
Sd/-(C.Das)
North Eastern Regional Medical College Society, Manipur."
2. The aforesaid impugned order has been assailed in this writ petition.
3. I have heard Mr. Y. Imo Singh, learned counsel for the petitioner as well as Mr. BP Sahu, learned counsel for the respondents.
4. The order impugned has been assailed on the ground that criteria and procedures regarding premature retirement of a Govt. servant has not been followed. In this connection, Mr. Y. Imo Singh, the learned counsel appearing on behalf of the petitioner referred to me to clause (5) (a) and (b) of Instructions Regarding Premature Retirement of Central Government Servants at Appendix 10 of Swamy' s Pension Compilation incorporating CCS Pension Rules. Clause (5) reads:
"(5) The rales relating to premature retirement should not be used :
(a) to retire a Government servant on grounds of specific acts of misconduct, as a short-cut to initiating formal disciplinary proceeding; or
(b) for reduction of surplus staff or as a measure of effecting general economy without following the rules and instructions relating to retirement."
It has also been urged in ground No. (a) of paragraph 10 of the petition as under:
"10. (a) There is not a single blemish in the service record of the petitioner and he has maintained an excellent service record throughout, and this fact can be verified by this Hon'ble Court by calling and scrutinising the service record of the petitioner. The exercise of power for compulsory retirement of an employee must be bonafide and promote public interest. Here, in the instant case, the said power has been exercised whimsically, capriciously and quite vindictively, for the petitioner's filing the said CR No. 176 of 1990 against the above respondents. In other words, the impugned order dated 8.3.91 issued by respondent No.3 is tained with malafide and at the same time it is violative of the principles of natural justice.
Hence, the same is null and void."
Mr. Y. Imo Singh has also contended that the petitioner has been made compulsory retired without constituting a Committee as enjoined in clause (2) of the criteria, procedures and guidelines.
5. FR 56 (j) read as under :
"FR. 56 (j): Notwithstanding anything contained in this rule, the appropriate authority shall, if it is of the opinion that it is in public interest to do so, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice."
The sole object of FR 56 is to get rid of the Government servant who is becoming deadwood. The order is made only to do away with the service of the employees who have lost their utilities, become useless and whose further continuance in service is considered not to be in public interest.
6. By now it is well settled principles of law that compul
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