Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Compulsory Retirement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law :Compulsory Retirement-Grounds for---Government Officer held in high esteem suddenly dubbed as a person of doubtful integrity and compulsory retired from service~Validity of-Held, conclusions arrived at by Screening Committee not supported by available records-Doubting one's integrity should not be based on surmises and hunches-But should be based Oil preponderance of probability from the point of view of a reasonable man-Overall estimation of the delinquent officer should not be overlooked while judging his integrity-In the circumstances of the case, the delinquent officer's tenacity towards his duties does not warrant him lo be castigated as one with "doubtful integrity''-Fundamental Rules, FR 56(j). Compulsory Retirement-Judicial Review of-Grounds for-Held, judicial review is permissible if the order is arbitrary or mala fide or based on no evidence. Compulsory Retirement-Natural justice-Inapplicability of-Explained'-Version of delinquent office-When lo be considered'-Stated. Administrative Law :Administrative action-Judicial function-Written Judgment-Prompt delivery of-Revenue Officer passed an order of adjudication running into 100 pages on the day fallowing the last day of hearing- Superior authority dubbed the Officer as one with "doubtful integrity" because it was suspected that the order must have already been written before hearing was complete-Held, the Officer instead of, being doubted should have been appreciated for his promptitude-There was nothing wrong if the Officer had prepared the prefatory portion and summary of evidence, leaving out crucial discussion to be decided after conclusion of hearing-Hence, doubting the Officer's integrity is unjustified. Judicial Review-Overruling of decision of lower court or administrative authority-Implication of-Held, does not amount to doubting the calibre, or casting stigma on such judicial officer or authority :Words and Phrases :"Integrity"-Meaning ofMaxim :"Nemo firut repente turpissimus" (no one becomes dishonest all of a sudden)-Meaning of-Held, the maxim is not unexceptional but still is a salutary guideline to judge human conduct, particularly in the field of Administrative Law.The appellant was an Indian Revenue Service Officer and had a steep rise in his career and was held in great esteem. But suddenly at the age of 52 years the appellant's integrity was doubted and he was compulsorily retired.The Screening Committee arrived at the conclusion that the appellant's integrity was doubtful on the basis of the following three cases handled by the appellant -(a) In the first case, the appellant imposed a penalty and fine of Rs. 10 crores on a Mill. According to the Committee the appellant committed the following lapses while proceeding against the Mill :(i) The order of adjudication ran into nearly 100 pages and it was passed on the day following the last day of the hearing. It indicated that the order must have already been got ready even before the hearing was complete. (ii) A penalty of Rs. 50 Iakhs was imposed on the proprietor of the Mill without issuing show cause notice to him. (iii) Huge sums of duty have been demanded in respect of unaccounted production in the factory without fully going through the claims of the party that those accounts were wastage claimed by him. (b} In the second case, the appellant's subordinate gave instructions for keeping an investigation in abeyance. The Committee came to the conclusion that such instruction must have been given at the appellants behest. (c) In the third case, it was alleged that the appellant demanded a bribe of Rs. 10 lakhs from a party and when the amount was not paid, he took steps for cancellation of bail granted to the party and also invigorated the steps against that party.The appellant filed an application before the Central Administrative Tribunal, which was dismissed. Hence this appeal. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1998 INSC 333 |
Petitioner | M.s. Bindra |
Respondent | Union Of India And Ors. |
SCR | [1998] Supp. (1) S.C.R. 232 |
Judgement Date | 1998-09-01 |
Case Number | 5583 |
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