NDLI: Central Industrial Security Force Vs. Om Prakash

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – CCS (Pension) Rules, 1972 – Premature retirement – Adverse remarks – Consideration of – Order of premature retirement passed against respondent, set aside by High Court on the ground that that he was promoted as Head Constable in year 2000 and thus, the penalties imposed prior to 2000 have to be ignored while determining the suitability to be retained in service – On appeal, held: High Court has not only misread the judgment of Supreme Court in Baikuntha Nath Das and Another v. Chief District Medical Officer, Baripada and Another reported as [1992] 1 SCR 836 but wrongly applied the principles laid down therein – Adverse remarks can be taken into consideration – Also, there is a factual error in the order of High Court that there are no adverse remarks and that the ACRs for the year 1990 till 2009 were either good or very good – However, the summary of ACRs reproduced by the High Court itself shows average, satisfactory and in fact below average reports as well – Entire service record is to be taken into consideration while passing the order of premature retirement which would include the ACRs of the period prior to the promotion, though the recent reports would carry their own weight – In the present case, in the last 5 years, the respondent has been graded average – Further, he was awarded number of punishments prior to his promotion including receiving illegal gratification while on duty – There are also allegations of absence from duty, overstaying of leave – After promotion also, a punishment of four days fine was imposed on the charge of sleeping on duty and two days fine was imposed for overstaying from joining time – Order of High Court setting aside the order of premature retirement set aside. Judicial Review – Scope of – Compulsory retirement – High Court setting aside the order of premature retirement, referred to three Judge Bench judgment of Supreme Court in Baikuntha Nath Das and Another v. Chief District Medical Officer, Baripada and Another reported as [1992] 1 SCR 836 – Held: High Court misread the said judgment which holds that order of compulsory retirement is not a punishment – It implies no stigma nor any suggestion of misbehaviour – Order of compulsory retirement is in public interest and is passed on the subjective satisfaction of the Government and is not liable to be quashed by the Court merely for the reason that uncommunicated adverse remarks were taken into consideration..
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2022 INSC 147
Petitioner	Central Industrial Security Force
Respondent	Om Prakash
SCR	[2022] 2 S.C.R. 203
Judgement Date	2022-02-04
Case Number	5428

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Central Industrial Security Force Vs. Om Prakash

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Central Industrial Security Force Vs. Om Prakash

Central Industrial Security Force Vs. Om Prakash

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