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2025 Supreme(Online)(CAT) 4306

CENTRAL ADMINISTRATIVE TRIBUNAL
Kumar Rajesh Chandra, A.M., Rajveer Singh Verma, J.
Satyendra Kumar – Appellant
Versus
Union of India – Respondent
OA/051/00008/2023

Advocates:
For the Appellants/Petitioners: Mr. Prabhat Kumar, Ms. Milan Singh
For the Respondents: Shri Sumit Prakash, Shri Amit Sinha, ASC

Compulsory retirement under Rule 56(J) is permissible when it serves public interest and follows due administrative process; it is not a punitive measure.

Headnote:(A) Fundamental Rules - Rule 56(J) - Compulsory retirement - The applicant challenged the action of premature retirement under Rule 56(J) and the proceedings undertaken by the Screening Committee - The Tribunal concluded that the appropriate authority acted within its jurisdiction and upheld the compulsory retirement decision. (Paras 8-13)

(B) Principles of Public Interest - The Tribunal reaffirmed that compulsory retirement should be in public interest and requires a review of service records without it being regarded as a punitive measure. (Paras 8, 12)

(C) Administrative Procedure - The proper procedure was followed in assessing the utility of public servants, with emphasis on the notice period and adequate considerations of service history. (Paras 9-10)

Facts of the case:
The applicant was notified of compulsory retirement under Fundamental Rule 56(J) after a review of his service history, following misconduct allegations and prior acquittal in criminal charges. His appeals against this decision were dismissed by the respondents.

Findings of Court:
The court found no procedural irregularities in the retirement order and upheld the authority's decision based on available evidence regarding the applicant’s service record and alleged misconduct.

Issues: Is premature retirement justified based upon the applicant’s entire service record and allegations of misconduct? Did the respondents follow the appropriate procedures for the retirement decision?

Ratio Decidendi: The Tribunal stated that compulsory retirement is not punitive but an evaluative administrative action reflecting the public interest in maintaining effective governance. The recommendation by the Screening Committee was deemed valid and reasoned.

Result: The OA is dismissed.

Table of Content
1. applicant's challenges against compulsory retirement and procedural claims. (Para 1 , 2 , 3)
2. discussion of applicant's misconduct and the subsequent departmental actions. (Para 4 , 5 , 6 , 7)
3. court's evaluation of the retirement decision against administrative standards. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. conclusion on the merit of the applicant's challenges. (Para 14)

ORDER

Per Kumar Rajesh Chandra, A.M. :-

This OA has been filed by the applicant seeking the following relief:-

“(i) To quash and set aside the appellate order No. JH/RO/RNC/ADM-I/56J/456/18111 dated 10.08.2022 wherein the Respondent No. 3 acting as an appropriate/appointing authority has upheld the order of premature retirement while deciding the representation against premature retirement of the applicant.

(ii) To quash and set aside the Office Order No. 325 dated 05.03.2021 whereby the applicant was prematurely retired and relieved from services as per Fundamental Rule 56(J).

(iii) To quash and set aside the notice being No. JH/RO/RNC/ADM-I/FR 56J/2018/18111 dated 01.12.2020 whereby and whereunder he was informed that he shall be retired at the lapse of 3 months from the date of the notice

(iv) To reinstate the applicant with all consequential benefits.

(iv) Any other order, direction that Hon’ble Court may deem fit and proper in the interest of justice. ”

2. Brief facts of the case, as per the applicant, are as follows:-

(i) Applicant is aggrieved by notice dated 01.12.2020 (Annexure-1) issued to him suddenly with no prior intimation whereby and whereunder he was informed that it has been recommended in the meeting dated 24.02.2020 that he shall be compulsorily retired under Rule 56(J) of Fundamental Rule and Rule 48 of the CCS(Pension) Rules, 1972 which was affirmed in the meeting dated 25.11.2020. Thereafter, notice was served on him stating that the applicant shall be prematurely retired after lapse of three months from the date of notice. He is further aggrieved by the final order passed by the respondents dated 05.03.2021 (Annexure-2) whereby the applicant was informed that he stands retired and relieved from service w.e.f. 10.03.2021.

(ii) The applicant preferred a representation/appeal dated 29.12.2020 (Annexure-5) requesting for setting aside the notice dated 01.12.2020 after giving fully opportunity which is still pending and not considered before the final order of premature retirement dated 05.03.2021.

(iii) Applicant had earlier approached this Tribunal vide OA No. 339/2021 assailing the above notice dated 01.12.2020 and the final order passed by the respondents dated 05.03.2021. The said OA was disposed of granting liberty to the applicant to prefer petition before the respondents to supplement his appeal dated 29.12.2021 within three months and with direction to the respondents to consider the representation along with appeal dated 29.12.2021, if pending within time as per spirit of the OM dated 28.08.2020 and communicate to the applicant.

(iv) In compliance of above order of Tribunal, applicant preferred a supplementary appeal/representation on 24.01.2022 against the orders of compulsory retirement and later in CP No. 23/2022 the respondents filed show cause annexing the reasoned order dated 10.08.2022 (Annexure-3) and the CP was dropped accordingly vide order dated 13.12.2022.

(v) According to the applicant the aforesaid representations of the applicant were considered in the meeting of the Representation Committee dated 18.05.2022 and decided in terms of OM dated 28.08.2020 without considering the matter in entirety and only on false assumptions.

(iv) It is contended by the applicant that while he was posted at Jamshedpur an FIR was instituted against him in Sadar P.S. Case No. 21/2015 corresponding to the G.R. Case No. 133/2015 for the alleged offences under Sec 376, 377, 417 of the IPC and subsequently charges were framed on 05.09.2016. After facing the trial vide order dated 30.01.2017 (Annexure-10) passed in S.T. Case No. 225/20

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2025 Supreme(Online)(CAT) 4306

CENTRAL ADMINISTRATIVE TRIBUNALKumar Rajesh Chandra, A.M., Rajveer Singh Verma, J.Satyendra Kumar – AppellantVersusUnion of India – RespondentOA/051/00008/2023

Compulsory retirement under Rule 56(J) is permissible when it serves public interest and follows due administrative process; it is not a punitive measure.

Cases Referred (2)

CENTRAL ADMINISTRATIVE TRIBUNAL
Kumar Rajesh Chandra, A.M., Rajveer Singh Verma, J.
Satyendra Kumar – Appellant
Versus
Union of India – Respondent
OA/051/00008/2023