KIRTI BHUSAN SINGH versus STATE OF BIHAR & ORS.

Citation: [1986] 3 S.C.R. 230 · Decided: 16-07-1986 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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KIRTI BHUSAN SINGH 
v. 
STATE OF BIHAR & ORS. 
JULY 16, 1986 
[E.S. VENKATARAMIAH AND V. BALAKRISHNA 
ERADI, JJ.] 
Invalid pension-Recalling nearly after two years the permission 
granted, during the pendency of the departmental enquiry, to an em-
ployee to retire on invalid pension and dismissing him-Validity of the 
orders-Bihar Service Code, Rules 73 (f) and Bihar Pension Rules, 
Rule I! 6 applicability of. 
The appellant was a clerk in the Excise Department of the State of 
Bihar. In a disciplinary proceeding instituted against him, the Inquir-
ing Officer found that six out of seventeen charges framed against him 
had been established and submitted his report accordingly on 9.11.1960. 
The Excise Commissioner accepted the report of the Inquiring Officer 
and issued a show cause notice dated 8.9-1961 to the appellant as to why 
he should not be removed from service. The1 appellant submitted his 
reply to the said notice on 1.11.1961. After the submission of the Report 
by the Inquiring Officer, the civil surgeon of the area issued a certificate 
to the effect that the appellant was an invalid and he could not discharge 
his duties properly in the state of his health. On 31.1.1962, an order 
was passed by the Excise Commissioner directing the retirement of the 
appellant on invalid pension under Rule 116 of the Bihar Pension Rules 
with effect from 19.7.1961. On 5.10.1963 the Government of Bihar 
passed an order revoking the order of retirement under Rule 73(f) of 
the Bihar Service Code and thereafter the Excise Commissioner passed 
an order on 1.11.1963 dismissing the appellant from service. The appel-
lant challenged the said order of revocation of the order of retirement 
and the order of dismissal passed later on in the Patna High Court. The 
High Court dismissed the writ petition but granted a certificate of fit-
ness to appeal. 
Allowing the appeal, the Con rt, 
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HELD: 1.1 In the absence of a provision which entitled the State 
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K.B. SINGH v. STATE OF BIHAR 
231 
Government to revoke an order of retirement on medical grounds 
which had become effective and final, the order dated 5.10.1963 passed 
by .the State Government revoking the order of retirement is without 
the authority of law. The order of dismissal passed thereafter is also a 
nullity. [234E-FJ 
1.2. The expression "compulsory retirement" found in Rule 
73(f) of the Bihar Service Code refers to retirement of a Government 
servant on his attaining the age of superannuation. The appellant's case 
is not one of retirement from service on his attaining the age of superan-
nuation. No order asking the appellant to continue in service before he 
had attained the age of superannuation for the purpose of concluding a 
departmental inquiry instituted against him had also been passed by the 
competent authority. On the other hand the appellant had been permit-
ted to retire from service on invalid pension on medical grounds even 
before he had attained the age of superannuation. Rule 73(f) of the 
Bihar Service Code is clearly inapplicable to the case of the appellant. 
Further at the time the order of retirement on medical grounds was 
passed the Excise Commissioner had also before him the medical certifi-
cate of the Civil Surgeon. At that stage two courses were open to the 
Excise Commissioner. He could have either dimissed the appellant ifhe 
felt that the charges had been established or he could have ordered his 
retirement on invalid pension under rule 116 of the Bihar Pension 
Rules. The Excise Commissioner, however, passed an order directing 
the retirement of the appellant on January 31, 1962 with effect from 
July 19, 1961. Thus the appellant ceased to be a Government employee. 
Any order of dismissal passed thereafter would be unsustainable unless 
it was permissible under law to the State Government to revoke the 
order of retirement and to reinstate him in his former status as Govern-
ment servant before the order of dismissal was passed. [2348-E; 233F-G I 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 683 
of 1971 
From the Judgment and Order dated 3.4.1969 of the Patna High 
Court in Civil Writ Jurisdiction Case No. 444 of 1967. 
B.P. Singh for the Appellant. 
D. Goburdahn for the Respondents. 
The Judgment of the Court was delivered by 
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232 
SUPREME COURT REPORTS 
11986] 3 S.C.R. 
VENKATARAMIAH, J. This appeal by. certificate is filed 
against the judgment o

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