Entire service record of an employee should be considered before passing an order of premature retirement: SC
The Supreme Court ruled that the entire service record of an employee should be considered before passing an order of premature retirement.
Background
The respondent, Head Constable Om Prakash was prematurely retired 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 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.
High Court’s Order
The High Court set aside the order of premature retirement on the ground that the writ petitioner was promoted as Head Constable 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 inflicted in the year 2005 and 2008 respectively which were minor penalties. The Annual Confidential Reports grading of the writ petitioner in the preceding five years have to be considered with greater focus while noticing the fact that even earlier ACR’s had to be taken into consideration.
Supreme Court’s Decision
The division bench of Justice Hemant Gupta and Justice V. Ramasubramanian found that the High Court had completely misdirected itself while setting aside the order of premature retirement of the writ petitioner. The writ petitioner has been awarded a number of punishments prior to his promotion including receiving illegal gratification from a transporter while on duty in the year 1993.
The court stated that the entire service record is to be taken into consideration which would include the ACRs of the period prior to the promotion. The order of premature retirement is required to be passed on the basis of entire service records, though the recent reports would carry their own weight.
The court set aside the order of the High Court setting aside the order of premature retirement.
Case title: Central Industrial Security Force v/s HC (GD) Om Prakash
Citation: CIVIL APPEAL NO. 5428 OF 2012
Click here to read the Order/Judgment
