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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Md. Mobin Alam, son of SK. Qurban Ali – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, J.
Prayer
1. This writ petition is under Article 226 of the Constitution of India, assailing the order dated 17.11.2022 passed by the Central Administrative Tribunal, Patna Bench, Circuit Bench, Ranchi in Original Appeal No.051/00124/2022, whereby and whereunder, the order of compulsory retirement passed by the respondent under Fundamental Rule 56(J) vide order dated 28.04.2021, has been refused to be interfered with.
Facts
2. The brief facts of the case, as per the pleading made in the writ petition based upon the pleading of the original application filed on behalf of the applicant, the writ petitioner herein, needs to be referred which reads as under:-
3. It is the case of the writ petitioner/applicant that the petitioner joined the Employees Provident Fund Organization (EPFO) on 24/02/1992 as stenographer and promoted as Personal Assistant (PA) on 02/05/2008 retrospectively w.e.f. 14/07/1997. The petitioner was disciplined and dedicated employee of the Organization, worked with sincerity and devotion to duty. The petitioner, while in service, was never communicated any adverse remarks recorded in the Annual Performance Assessment Report (APAR).
4.
The court established that compulsory retirement under Fundamental Rule 56(J) requires a comprehensive review of the employee's service record, and such decisions must be made in the public interest,....
Review jurisdiction is limited to errors apparent on the record and cannot be used to reargue previously decided issues.
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 ....
Compulsory retirement of a judicial officer is justified based on subjective satisfaction regarding integrity, even with adverse entries, and judicial review is limited to the decision-making process....
An order of compulsory retirement must be based on a thorough assessment of the entire service record of the employee, and if it casts a stigma or is based solely on disciplinary actions without cons....
The court upheld the validity of the Government Order regarding compulsory retirement procedures, affirming that it does not violate natural justice and that the entire service record may be consider....
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....
The importance of approaching the court with clean hands and the employer's right to remove 'dead wood' employees.
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. ....
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