Compulsory retirement under FR 56(j) is justified when an employee's integrity is in doubt, serving public interest without being punitive.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):

By way of the present OA filed under Section 19 of the Administrative Tribunal‟s Act, 1985 (amended OA vide Tribunal‟s order dated 18.12.2024), the applicant has prayed for the following reliefs: -

“a). Issue a writ of certiorari or any other writ of like nature declaring the impugned order dated 18.03.2016 as illegal, unconstitutional and violative of right to fair treatment under article 14, 16 19, and 21 of the Constitution and quashing the same as well as subsequent order dated 08.09.2016 rejecting the representation of the applicant.

b). Issue a writ of Mandamus or any other writ of like nature directing the respondents to do its public duty of reinstating the Applicant to the post of Joint Commissioner with all consequential benefits and

c) Pass any other order which this Hon’ble Tribunal may deem fit and proper to do complete justice to the matter/case.”

2. The applicant had filed Misc. Application No. 4761/2024 in OA No. 3153/2016 seeking permission of this Tribunal to make certain amendments in the prayer clause as sought for in the Original Application, to the extent to add date of the order vide which his representation submitted against his compulsory retirement under FR 56 (j) was rejected. Vide order dated 18.12.2024, the said Misc. Application was allowed and the applicant was permitted to amend the said prayer clause of the OA and was directed to carry out necessary amendments.

3. Vide another Misc. Application (MA) No. 4764/2024 in OA No. 3163/2016 applicant has prayed for taking certain additional documents as mentioned in the said MA on records.

FACTS IN BRIEF

4. The brief facts of this case are that the Applicant joined on 06.09.1993 as Probationer of Indian Customs & Central Excise Service and was promoted as Assistant Commissioner (Senior Time Scale) w.e.f. 5.9.1997. He was further promoted as Joint Commissioner (Customs & Central Excise) on 16.01.2003. In the year 2001, the SU unit of CBI started investigation into the alleged acquisition of business profit by showing trading in diamonds by applicant‟s wife Smt. Vandana Goel in partnership with one Shri Anil Jain through a firm M/s V.B. Exports, Mumbai. In the meantime, the applicant got further promotion as Joint Commissioner (Customs & Central Excise).

5. After conclusion of Investigation by the CBI against the applicant, an FIR No. RC-23(A)/2004-GNR was registered on 26.09.2004 for the alleged offence of offering illegal gratification to the investigating officer, namely, Shri R.K. Das. It is stated that CBI converted the PE into FIR on 02.10.2004. During the pendency of the same on 16.02.2016, the Review Committee met and recommended compulsory retirement of the applicant, minutes whereof were signed on 26.02.2016 and finally vide order dated 18.03.2016 (impugned order), he was served with the said impugned order of compulsory retirement in public interest, which was received by him on 23.03.2016. The applicant made representations to the respondents to seek personal hearing in the matter from 23.03.2016 onwards. The respondents‟ Department on 25.07.2016 constituted a Committee (Representation Committee) to consider his representations. The said Committee, rejected the aforesaid representation vide order dated 08.09.2016. Being aggrieved by the aforesaid decision of the respondents, the applicant filed present Original Application seeking aforementioned relief.

6. On admission of the matter, notices were issued to the respondents and they have filed their counter affidavit to which the applicant also filed his rejoinder.

CASE OF RESPONDENTS

7. To rebut the claim of applicant as well as his arguments, the respondents filed counter affidavit on 01.02.2017 stating that the order No. 27/2016 dated 18.03.2016 passed by the competent authority is strictly in accordance with law and there is no breach of any of the principles of law governing the compulsory retirement of a Government Servant as contained in FR 56 (j) a