BAIDYANATH MAHAPATRA versus STATE OF ORISSA & ANR.

Citation: [1989] 3 S.C.R. 803 · Decided: 10-08-1989 · Supreme Court of India · Bench: K.N. SINGH · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

I 
. -\ 
BAIDYANATH MAHAPATRA 
v. 
STATE OF ORISSA & ANR. 
AUGUST 10, 1989 
[K.N. SINGH & M.H. KANIA, JJ.J 
Orissa Service Code: Rule 7 J(a)-Compulsory retirement-
Adverse entries in service record-Of no significance when government 
servant is promoted: belated communication of adverse entries defeat 
( their object: it is not permissible io consider adverse entries representa-
'lign against which is pending. 
Natural Justice-Members of a Tribunal not to sit in judgment on 
their own decisions taken administratively. 
The appellant had joined service in the Orissa Government as an 
Assistant Engineer in 1955, and in 1983 he was working on the post of 
Superintending Engineer. Since he had completed SO years of age, a 
Review Committee considered his service record for determining his 
suitability for retention in service in accordance with the first proviso to 
Rule 7 l(a) of the Orissa Service Code. On the recommendation of the 
Review· Committee the State Government by its order dated 10.11.1983 
pre-maturely retired the appellant from service. The appellant filed a 
civil suit challenging the validity of his pre-mature retirement. The suit 
was transferred to the Administrative Tribunal. The Tribunal held that 
the recommendation of the Review Committee was bona fide and did 
not suffer from any legal infirmity. 
, 
Before this Court, it was contended that the recommendation of 
. the Review Committee was vitiated as it was founded on irrelevant and 
inadmissible material. It was urged that the Review Committee had 
considered a number of adverse remarks contained in the appellant's 
service tecord for the remote past years, and had also considered 
adverse entries relating to recent years although those adverse entries 
had not become final. 
Allowing the appeal ·and setting aside the order of premature 
retirement of the appellant, this Court, 
A 
B 
c 
D 
E 
F 
G 
HELD: (I) The purpose of the Rule conferring power on the 
Government to retire Government servants prematurely is to energise 
H 
803 
804 
SUPREME COURT. REPORTS 
[ 1989] 3 S.C.R. 
A 
its machinery by 'choppipg of the dead-wood'. [807C]" 
.-~
B 
c 
D 
Union of India v. J.N. Sinha, [1971] I SCR 791. 
(2) When a Government servant is promoted to a higher post on 
the basis of merit and selection prior adverse entries if any contained in 
his service record lose their significance and those remain on record as 
part of past history. It would, therefore, be unjust to curtail the 
service career of Government servant on the basis of those entries in 
the absence of any significant fall in his performance after his promo-
tjon. [807F] 
__/ 
i 
(3) If the adverse remarks awarded to a Government servant are 
communicated to him after several years, the object of communicating .J 
entries is defeated. It is, therefore, imperative that the adverse entries 
awarded to a Government servant must be communicated to him within 
a reasonable period to afford him opportunity to improve his work and 
conduct and also to make representation in the event of the entry being 
unjustified. In the instant case, belated communication of the entries 
resulted into denial of reasonable opportunity to the appellant to 
improve his performance. [808A-B I 
· 
(4) The appellant's representation against the adverse entries !"" 
relating to a number of years was rejected on the ground that the 
f 
representation was barred by time. Since the communication of the 
adverse entries was itself highly belated, the represer.iation against 
those adverse remarks should have been considered on merits and the 
same could not be rejected on the alleged ground of delay as the 
Government itself was guilty of inordinate delay in communicating the 
F adverse remarks to the appellant. [8080 j 
· 
..
(5) The appellant had a right to make representation against the - , 
adverse entries within six months period. Therefore, the adverse entries 
awarded to the appellant in the years 1981-82 and 1982-83 could not be 
taken into account either by the Review Committee or by the State 
Government in forming the requisite opinion contemplated by Rule 
G 71( l)(a) of the Orissa Service Code, before the expiry of the period of 
six. montGhs. It is settled view thaht ibt is_ notf pedrmissible ~o prematurely ·"" 
retire a overnment servant on t e as1s o a verse entries, representa-
tions against which are not considered and disposed of. [809C-D, 808H-809A] 
Brij Mohan Chopra v. State of Punjab, [1987] 2 SCR 

Excerpt shown. Read the full judgment & AI analysis in Lexace.