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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Mahavir Singh – Appellant
Versus
Food Corporation Of India – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral)
By this common order CWP-7934-2024, CWP-7936-2024, CWP-7961-2024, CWP-7973-2024, CWP-7981-2024, CWP-7985-2024, CWP-7988-2024, CWP-7994-2024 and CWP-7996-2024 are hereby disposed of since issues involved and prayers sought in captioned petitions are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-7934-2024.2. The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 11.07.2023 (Annexure P-1) whereby petitioner was prematurely retired from service and orders dated 13.10.2023 (Annexure P-3) and 20.02.2024 (Annexure P-6) whereby representations of the petitioner have been rejected.
3. The petitioner joined respondent-FCI as Category-Ill employee. In the year 2023, he completed age of 53 years. The respondent constituted a Special Review Committee to consider service record of petitioner and other employees. The Committee formed an opinion that petitioner in terms of Regulation 22 (2) of FCI Regulations, 1971 should be prematurely retired. He filed a representation against the order of premature retirement which came to be dismissed by Repr
Premature retirement must adhere to procedural guidelines, ensuring proper review of employee performance and status without overlooking established age thresholds and adverse record considerations.
Premature retirement of a government employee must adhere to mandated procedures, requiring review prior to age limits and consideration of service record, highlighting the need for clear evidence ag....
Premature retirement must not substitute for disciplinary action and should be based on clear evidence of public interest, not unsupported allegations.
The court held that compulsory retirement must be based on a comprehensive review of performance, not merely on pending allegations, ensuring due process is followed in such decisions.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
(1) Order of premature retirement is required to be passed on the basis of entire service records, though recent reports would carry their own weight.(2) A person discharging judicial duties acts on ....
Compulsory retirement must be executed by the appointing authority, following due legal procedures and cannot be imposed as a penalty without disciplinary proceedings.
Compulsory retirement decisions must consider the entire service record, including past disciplinary actions, not merely recent performance, establishing the narrow scope of judicial review.
The court upheld the authority's power to retire a government servant in public interest after 30 years of service, affirming that procedural safeguards do not always require a show cause notice.
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