Entire Service Record To Be Considered For Order Of Premature Retirement, Though Recent ACRs Carry Weight : Supreme Court

The Supreme Court has held that an order of premature retirement is required to be passed on the basis of entire service records.

The recent reports would carry their own weight, the bench comprising Justices Hemant Gupta and V. Ramasubramanian added. The court also noted that such an order of compulsory retirement is not liable to be quashed by the Court merely for the reason that uncommunicated adverse remarks were taken into consideration.

Head Constable Om Prakash was prematurely retired on 16.08.2011 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 High Court, allowing his writ petition, set aside the order of premature retirement on the ground that he was promoted as Head Constable on 14.06.2000 and thus penalties imposed prior to the year 2000 have to be ignored while determining suitability to be retained in service. It was also noted that ACR for the year 2010 was graded average but the same was not conveyed to the writ petitioner. Therefore, such ACR could not be taken into consideration.

In appeal, the bench observed that the High Court has completely misdirected itself while setting aside the order of premature retirement of the writ petitioner. It said:

Thus, we find that the High Court has not only misread the judgment of this Court in Baikuntha Nath Das but wrongly applied the principles laid down therein. The adverse remarks can be taken into consideration as mentioned in the number of judgments mentioned above. There is also a factual error in the order of the High Court that there are no adverse remarks and that the ACRs for the year 1990.

While allowing the appeal, the bench further observed:

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.

Case name: Central Industrial Security Force Vs HC (GD) Om Prakash

Citation: 2022 LiveLaw (SC) 128

Case no.|date: CA 5428 OF 2012 | 4 Feb 2022

Coram: Justices Hemant Gupta and V. Ramasubramanian

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