JUDGMENT :

HEMANT GUPTA, J.

1. The present appeal arises out of an order dated 14.10.2011 passed by the Division Bench of the High Court of Delhi whereby the order of premature retirement passed against the respondent was set aside.

2. The respondent, Head Constable Om Prakash¹[Hereinafter referred to as the ‘Writ Petitioner’] was prematurely retired on 16.08.2011 in exercise of the powers conferred under Rule 56(j) of the Fundamental Rules read with Rule 48(1)(b) of CCS (Pension) Rules, 1972²[For short ‘the Rules’] after completion of 30 years of service. The order is to the effect that the Superannuation Review Committee under Rule 48(1)(b) of the Rules found the writ petitioner not fit to continue in service beyond 30 years of qualifying service with immediate effect.

3. In the writ petition challenging such order, the High Court set aside the order of premature retirement on the ground that the writ petitioner was promoted as Head Constable on 14.06.2000 and thus penalties imposed prior to the year 2000 have to be ignored while determining suitability of the writ petitioner to be retained in service. The two penalties of sleeping on duty and overstaying leave by two days were infli