Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: U.P. Fundamental Rules-FR 56 (c) read with sub-rule 2-C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law: U.P. Fundamental Rules-FR 56 (c) read with sub-rule 2-Compulsory retirement of Government servant-Whether entries beyond period of ten years of service record from date of compulsory retirement to be taken into account-On facts, respondent compulsorily retired due to adverse entry in character roll including entry withholding his integrity which is within ten years of his order of compulsory retirement-Respondent challenged compulsory retirement-During pendency, Tribunal in a petition filed by respondent shifted entry withholding integrity going beyond period of ten years of passing of order of compulsory retirement-High Court set aside the order-On appeal, held entry withholding integrity even though beyond the period of ten years can be taken into account since vigour or sting of such adverse entry is not lost-Thus, entire service record or confidential report with emphasis, on later entry in character roll to be taken into account by Government. Screening Committee while considering respondent's service record, found four adverse entries in the character roll which included order whereby his integrity had been withheld, and recommended that the respondent should be compulsorily retired from service. Government accepted the recommendation and passed an order of compulsory retirement of respondent. Respondent then filed a writ petition challenging his compulsory retirement. Respondent also filed claim petition before the Services Tribunal challenging order whereby State Government declined to certify his integrity. Services Tribunal modified the stated entry which was within ten years of passing of order of compulsory retirement to a period beyond ten years of passing of order of compulsory retirement during pendency of the petition. High Court holding that entries preceding the date of passing of an order of compulsory retirement is to be looked at excluded the stated entry from zone of consideration for forming opinion to compulsorily retire the respondent. It also excluded all the other adverse entries and set aside the order of compulsory retirement. The question that arises in these appeals is whether entries beyond ten years of the service record from the date of compulsory retirement could have been taken into account by the Government while retiring a Government servant under FR 56 (c) of the Rules. In appeals before this Court appellants contended that under law relating to compulsory retirement, the State Government is entitled to take into account the entire service record, preference being given to the later entries while considering whether an officer is required to be retained in the service after he attains the age of 50 years or has put in qualifying service and the view taken by the High Court that entries only for the period of ten years immediately prior to the date of order of compulsory retirement could only be looked into is patently erroneous. Respondent contended that the entries falling only within ten years of the order of compulsory retirement can only be looked into while exercising power of compulsory retirement and any consideration of adverse material beyond ten years from the date of order of compulsory retirement would vitiate the order of compulsory retirement. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2002 INSC 142 |
Petitioner | State Of U.p. And Ors. |
Respondent | Vijay Kumar Jain |
SCR | [2002] 2 S.C.R. 439 |
Judgement Date | 2002-03-14 |
Case Number | 2083 |
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