Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Retirement Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Retirement - Compulsory retirement -Respondent working in appellant-transport Corporationcompulsorily retired from service in the year 2002 - WritPetition - High Court held that the acts of misconduct pointedout against the respondent pertained to a period more than12 years before his compulsory retirement and it was unjust,unreasonable and arbitrary to retire the respondentprematurely on the basis of old and stale material pertainingto the period 1978-1990 - Quashing of the order ofcompulsory retirement of respondent - Justification - Held:The entire service record is relevant for deciding as to whetherthe government servant needs to be eased out prematurely- However, at the same time, subsequent record is alsorelevant, and immediate past record, preceding the date onwhich decision is to be taken would be of more value,qualitatively - What is to be examined is the "overallperformance" on the basis of "entire service record" to cometo the conclusion as to whether the concerned employee has become a deadwood and it is public interest to retire himcompulsorily - On facts, insofar as period 1978-1990 isconcerned, the respondent was charge sheeted in 19 cases- In few cases he was exonerated and in some other caseshe was given minor penalty which projects a dismall picture -Even the service record after 1990 i.e. in last 12 years preceding the order of retirement does not depict a rosypicture - In any case, nothing to show the performance ofrespondent became better during this period - Order of compulsory retirement accordingly upheld - IndustrialEmployment (Standing Orders) Act, 1946 - Rajasthan StateRoad Transport Workers and workshop Employees StandingOrders, 1965 - r.18-D.Service Law - Retirement - Compulsory retirement - Nature of - Scope for judicial review - Held: The order ofcompulsory retirement is neither punitive nor stigmatic - It isbased on subjective satisfaction of the employer and a verylimited scope of judicial review is available in such cases -Interference is permissible only on the ground of nonapplication of mind, malafide, perverse, or arbitrary or if thereis non-compliance of statutory duty by the statutory authority- Power to retire compulsorily, the government servant interms of service rule is absolute, provided the authorityconcerned forms a bonafide opinion that compulsory retirement is in public interest.Service Law - Retirement - Compulsory retirement -Considerations for - Entire service record - If to be looked at- Adverse entries - Relevance of - Held: After promotion ofan employee, the adverse entries prior thereto have norelevance and can be treated as wiped off when the case ofthe employee is to be considered for further promotion -However, this 'washed off theory' has no application when caseof an employee is assessed to determine whether he is fit tobe retained in service or requires to be given compulsoryretirement - The rationale is that since such an assessmentis based on "entire service record': there is no question of nottaking into consideration earlier old adverse entries or recordof the old period - While such a record can be taken intoconsideration, at the same time, the service record of theG immediate past period are to be given due credence andweightage. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 624 |
Petitioner | Rajasthan State Road Transport Corp. & Ors. |
Respondent | Babu Lal Jangir |
SCR | [2013] 11 S.C.R. 159 |
Judgement Date | 2013-09-16 |
Case Number | 8245 |
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