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DINESH MEHTA
Subrata Saha, S/o. Late Shri Subodh Chandra Saha – Appellant
Versus
State Of Rajasthan, Through Secretary, General Administration Department – Respondent
JUDGMENT :
(Dinesh Mehta, J.)
1. Instant writ petition lays challenge to the order dated 29.07.2024 passed by the respondent no.2 – Joint Secretary, General Administration (Group-V) Department, whereby the petitioner has been compulsory retired by invoking rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as ‘the Pension Rules, 1996’).
2. The case at hands is a classic case of inappropriate, if not abuse, of the powers, which the Rule making authority chose to confer upon the State Government. The power which has been delegated to deal with really grave cases - when an employee becomes deadwood for the department, has been used to divest itself of an employee, who has been litigating against the department and to their dismay, succeeding in almost every case.
3. Mr. Choudhary, learned counsel for the petitioner navigated the Court through the record of the case and submitted that the petitioner, who hails from West Bengal, got selected on the post of Manager Garde-II vide order dated 06.01.1998. According to him, the petitioner has been discharging his duties with utmost sincerity and diligence and every thing went on well until he was posted i
The court emphasized the necessity of adhering to principles of natural justice in compulsory retirement cases, ruling that arbitrary actions without substantial evidence are impermissible.
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 is not a punishment and does not require a hearing under Article 311; it is based on the government's subjective satisfaction regarding public interest.
Court affirmed that compulsory retirement must follow procedural guidelines, with emphasis on subjective satisfaction of authorities based on the entire service record, highlighting narrow scope for ....
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 ....
The order of compulsory retirement of a judicial officer under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996, is not arbitrary, unreasonable, discriminatory, or mala fide if it is ....
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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