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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Jeewan Singh, S/o Mahant Ram – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. B. Pathak, learned counsel for the appellant. Also heard Ms. B. Sarma, learned CGC, appearing on behalf of all the respondents.
2. The present intra-Court appeal has been so instituted by the appellant, herein, presenting a challenge to an order, dated 25.07.2022, passed by the learned single Judge in WP(c)6257/2017.
3. As projected in the writ appeal; the appellant, herein, was recruited as a Rifleman/GD on 20.12.1987, in the Assam Rifles. Thereafter, he was promoted to the Havildar/GD w.e.f. 16.12.2009. While he was so working as Havildar/GD and he having completed a period of 30 years of service; a review was undertaken by the authorities of the Assam Rifles to ascertain as to whether the appellant is fit to be retained in the Force beyond 30 years of qualifying service and/or unfit for further retention.
4. The Service Review Board(SRB) so constituted in the matter, proceeded to consider the entire service records of the appellant with special reference to the last 5(five) Annual Confidential Reports(ACRs) of the appellant, herein, and on such consideration, in view of the provisions of the Record Office Instruction(ROI) 01/2004; the
Uncommunicated adverse remarks in ACRs can be considered for compulsory retirement under Rule 48(1)(b) of the Central Civil Service (Pension) Rules, 1972.
Point of Law : Compulsory retirement from service is not considered to be a punishment.
Point of Law : Compulsory retirement from service is not considered to be a punishment.
Point of Law :Compulsory retirement from service is not considered to be a punishment.
The judgment establishes the legal principle that the decision to compulsorily retire a Judicial Officer must be based on a comprehensive assessment of the entire service record, with limited scope f....
Principles governing the grant of certain benefits i.e. pay scales and other benefits are different than the assessment of service record of the petitioner to assess the suitability of the petitioner....
The decision of compulsory retirement should be based on material and the subjective satisfaction of the government, and adverse remarks in the service record, including uncommunicated entries in the....
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