Compulsory retirement under Rule 71 of the Odisha Service Code is not punitive and can be based on a government servant's entire service record, including uncommunicated adverse remarks, without requiring a completed inquiry.

JUDGMENT

The petitioner has come up before this Court craving to invoke extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India by way of filing this writ petition with the following prayer(s):

“On the aforesaid facts and circumstances, the Hon‟ble Court may graciously be pleased to:

(i) Quash the impugned Order dated 20.01.2021 as at Annexure-7 with a concurrent direction the petitioner shall be allowed to continue in service with all consequential service and monetary benefits;

(ii) Pass such other orders/direction as the Hon‟ble Court may deem fit and proper in the interest of justice.

And for this act of kindness, the petitioner as in duty bound shall ever pray.”

Facts:

2. The writ petitioner disclosed that he was promoted to the rank of Assistant Conservator of Forests, OFS, Group-A (Junior Branch) on ad hoc basis while he was working as Forest Ranger by virtue of Forest and Environment Department Notification No.20844— FE- FE2-FE-0025-2018/F&E, dated 26.09.2018.

2.1. While he was posted as Assistant Conservators of Forests, In-Charge of Kuldiha Wildlife Range, Balasore Wildlife Division a Memorandum of Charge vide Memo No.19407/F&E, dated 17.10.2019 was served with a proposal to conduct inquiry under Rule 15 of the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 (―OCS (CCA) Rules‖, for brevity) against him on the charges of negligence in duty, suppression of facts and disobedience of instruction of higher authorities for being violation of the provisions of the Odisha Government Servants‘ Conduct Rules, 1959.

2.2. By Office Order dated 20.02.2020 the petitioner for such alleged charges was placed under suspension in exercise of power under Rule 12 of the OCS (CCA) Rules.

2.3. Subsequent thereto, while he was under suspension, the petitioner was served with another Memorandum of Charge vide Memo No.3912, dated 19.11.2020 with proposal to hold inquiry under Rule 15 of the OCS (CCA) Rules on the charges of failure to maintain absolute integrity and dereliction in duty.

2.4. A criminal case registered as Balasore Vigilance P.S. Case No.13 of 2020 under Section 13(2) read with Section 13(1)(b) and Section 12 of the Prevention of Corruption Act , 1988 was initiated.

2.5. While the matter stood thus, invoking provisions of Rule 71(a) of the Odisha Service Code (―OSC‖, for short) the Forest and Environment Department has issued Office Order vide No.1354— FE-FE2-FE-0001- 2021/F&E, dated 20.01.2021 retiring the petitioner from service with effect from 21.01.2021 on attaining 56 years of age allowing three months‘ pay and allowances in lieu of three months‘ notice.

2.6. Said order of premature retirement is subject matter of challenge in the instant writ petition.

Counter affidavit of the opposite parties:

3. Laying stress on the Minutes of Meeting of the Review Committee held on 18.01.2021 comprising Principal Chief Conservator of Forests & HoFF, Odisha, Representative of General Administration and Public Grievance Department, Joint Secretary to Government (in-Charge of the Establishment) and Under Secretary, Forest and Environment Department under the Chairmanship of Additional Chief Secretary to Government of Odisha in Forest and Environment Department, the opposite parties sought to justify the recourse to exercise power under Rule 71 of the OSC to get the petitioner retired prematurely.

3.1. The contents of the minutes run as follows:

“Laxman Pradhan, ACF:

1. A Lokayukta Case 30/2019 was registered against Sri Laxman Pradhan Pradhan based on a complaint alleging serious corruption by him. In pursuance to Order dated 17.09.2019 of Hon‟ble Lokayukta, Odisha, Balasore Vigilance File No.47, dated 04.10.2019 was initiated against him. He was placed under suspension vide Office Order No.3976/F&E, dated 20.02.2020. Basing on the report of Superintendent of Police, Vigilance, Balasore and on the recommendation of General Administration (Vigilance) Department, a disciplinary proceeding