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SAMEER JAIN
Sampan Gaur S/o Late Shri Pk Gaur – Appellant
Versus
Hindustan Salts Limited/ Sambhar Salts Limited – Respondent
| Table of Content |
|---|
| 1. initial facts surrounding the case and challenges presented by the petitioner. (Para 1 , 2 , 4 , 5) |
| 2. petitioner argues procedural shortcomings in the imposition of penalties. (Para 6 , 7 , 8) |
| 3. court's observations on procedural aspects and responsibilities in retirement applications. (Para 16 , 18 , 29) |
| 4. establishment of legal standards for evaluating compulsory retirement. (Para 31 , 32 , 34) |
ORDER :
SAMEER JAIN, J.
PREFATORY REMARKS
1. By way of the present petition, a twofold challenge is raised against the orders impugned dated 16.08.2023 and 17.10.2023.
2. It is noted that vide order impugned dated 16.08.2023, the respondent-authorities, more particularly, the General Manager (P&A), Hindustan Salts Limited, imposed a penalty upon the petitioner under Rule 23(d) of the Hindustan/ Sambhar Salts Limited (Conduct, Discipline and Appeal) Rules, 2018 (hereinafter, Rules of 2018) and consequently directed the reduction of the petitioner’s salary to the extent of 50% with effect from July’2023 until the Ramnagar Unit (Uttarakhand) of the Hindustan/Sambhar Salt Limited could generate enough cash flow to meet out the pecuniary loss accrued to them on account of the peti
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....
Compulsory retirement should be based on public interest, and proper procedures should be followed, avoiding shortcuts to avoid departmental inquiries.
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. ....
The main legal point established in the judgment is that the order of compulsory retirement is based on the subjective satisfaction of the government, and the court will not interfere with such order....
Compulsory retirement under Rule 56(j) is permissible based on an assessment of the employee’s service record and public interest; it is not a punitive measure and does not attract the provisions of ....
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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