2002 Supreme(Raj) 1752
RAJASTHAN HIGH COURT
Sunil Kumar Garg, J.
Jai Narayan Gehlot - Appellant
Versus
State Of Rajasthan And Ors. - Respondent
S.B. Civil Writ Petition No. 2605 of 2001.
Decided On : 10-09-2002
For the Petitioner:Mr. G.K. Vyas, Advocate.
For the Respondent:Mr. A.K. Khatri, Advocate.
Headnote:
Rajasthan Civil Services (Pension) Rules, 1996, Rule 53(1) - Constitution of India, 1950, Article 226 - Issue in the instant case was whether the Order of Compulsory Retirement issued against the petitioner was valid - Held, the Statute does not mandate mentioning of reasons for formation of such an opinion by the respondent – use of words “ public interest” suffices – but the opinion must be based on relevant material and should be in public interest – in the present case, it was formed on the basis of recommendation of Review Committee /Screening Committee, entire service record of petitioner, ACRs/APARs, his conduct of habitual absence from headquarters and dented integrity etc.
Judicial Review - Held that scope of judicial review of Order of premature/ compulsory retirement is restricted - scope explained.
The petitioner was initially appointed on the post of LDC on 27.7.1965 and thereafter, he was selected for the post of Forester with effect from 26.5.1971. Thereafter, on 9.1.1987, he was promoted to the post of Deputy Ranger by the order of Chief Conservator of Forests. However, later-on, the post of Deputy Ranger was re-designated as Ranger Gr. II with effect from 1.4.1998 and, therefore, the petitioner came to be designated as Ranger Gr. II and he was working as such since then.
The case of the petitioner is that he has discharged his duties since initial appointment to the utmost satisfaction of the authorities and he had carried out the work sincerely. However, in the year 1975, a joint enquiry was held against the petitioner and he was given censure in the said enquiry and except that there was no such adverse remarks ever recorded in his service record nor any such adverse remarks were communicated to him.The further case of the petitioner is that between the period running from 1.4.1988 to 19.6.2000, only in the ACRs of two years i.e. 1993-94 and 1996-97, adverse remarks were made and the same were communicated to him. According to the petitioner, the adverse remarks made in his ACR for the year 1993-94 were communicated to him in the year 1995 and against the said adverse remarks, he made a detailed representation, but the same has not been decided so far and, therefore, even these adverse remarks could not be taken into consideration for passing the impugned order of compulsory retirement against the petitioner.The further case of the petitioner is that the adverse remarks made in his ACR for the year 1996-97 that he remained absent from office for one day were also communicated to him and against the said adverse remarks, he also filed a representation and according to the petitioner, such advese remarks cannot be said to be sufficient for passing an order of compulsory retirement against the petitioner.Thus, it was submitted by the petitioner that there was no adverse material for passing an order of compulsory retirement against him.The further case of the petitioner is that Rule 53(1) of the Rules of 1996 was amended on 1.12.1999 and in the amended Rule 53(1), the scope of zone of consideration for making compulsory retirement was extended and sicne the petitioner was compulsorily retired only on account of public interest and other aspects were not considered, therefore, from this point of view also, the impugned order of compulsory retirement passed against the petitioner cannot be sustained.Apart from this, according to the petitioner, the impugned order Annex. 3 dated 19.6.2000 was passed in violation of the directives given in the Circular dated 21.4.2000 (Annex. 1). Hence, this writ petition with the prayer as stated above.A reply to the writ petition was filed by the respondents and one of the preliminary objections taken by the respondents was that the impugned order Annex. 3 was passed on 19.6.2000 and the same has been challenged by filing this writ petition on 2.6.2001 and therefore, there was delay, which has not been satisfactorily explained by the petitioner and thus, this writ petition is liable to be dismissed on the ground of delay and laches on the part of the petitioner.