Munmun Kaur
Published On: February 07, 2022 at 12:08 IST
The Supreme Court on February 04, held that the entire service record of an employee should be considered before passing an Order of Premature Retirement, even though recent reports would carry their own weight.
This decision came in the case of Central Industrial Security Force vs HC Om Prakash.
A Bench of Justices Hemant Gupta and V Ramasubramanian was hearing an Appeal against the Order of the Division Bench of the Delhi High Court whereby the Order of Premature Retirement passed against the Respondent who was a Central Industrial Security Force personnel, was set aside.
Facts of the Case were that the Respondent, Head Constable Om Prakash prematurely retired on 16.08.2011 in the exercise of the powers conferred under Rule 56(j) of the Fundamental Rules read with Rule 48(1)(b) of CCS (Pension) Rules, 1972 after completion of 30 years of service. The Respondent then challenged the Order by filing a Writ Petition in the Delhi High Court. The Division Bench of the High Court, hearing the Writ Petition, set aside the Order of retirement on the ground that he was promoted as Head Constable on 14.06.2000 and thus the penalties imposed prior to Respondent’s last promotion have to be ignored while determining the suitability of the Writ Petitioner to be retained in service.
The Apex Court observed that the High Court failed to take account of the service record of the Respondent, that he was awarded a number of punishments prior to his promotion including receiving illegal gratification.
The Apex Court further observed that the High Court had ‘completely misdirected itself’ and that all adverse remarks can be taken into consideration.
The Supreme Court held the Order of the High Court setting aside the Order of Premature Retirement is clearly unsustainable as a result the High Court’s Order was set aside and the Appeal was allowed.