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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, AMITABH KUMAR RAI
Alok Kumar Mitra – Appellant
Versus
Union of India through Secy. Finance Deptt. of Revenue, New Delhi – Respondent
JUDGMENT :
AMITABH KUMAR RAI, J.
1. Heard Shri J.N. Mathur, learned Senior Advocate assisted by Shri Shobhit Mohan Shukla, learned counsel for the petitioner and Shri Devrishi Kumar, learned counsel for the respondents.
2. The instant writ petition arises from the judgment and order dated 20.02.2023 passed by the learned Central Administrative Tribunal, Lucknow in Original Application No. 332/00450/2019 Alok Kumar Mitra vs. Union of India , whereby the petitioner had challenged before the learned Tribunal the order dated 10.06.2019, by which he was compulsorily retired from the post of Commissioner of Income Tax in the Indian Revenue Service by invoking Fundamental Rule 56(j) as well as the order dated 16.08.2019, by which his representation against the order of compulsory retirement was rejected.
3. The petitioner was an officer of the Indian Revenue Service, 1992 Batch. After selection through the Union Public Service Commission, he was initially appointed to the post of Assistant Commissioner (Income Tax). Upon completion of his training, he was posted in the Income Tax Department and served there from 1995 to 2014. From 2014 to 2017, he was on deputation to the Government of Uttar
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 ....
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. ....
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 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.
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.
Point of Law : Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, con....
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