NARASINGH PATNAIK versus STATE OF ORISSA

Citation: [1996] 3 S.C.R. 1061 · Decided: 02-04-1996 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

NARASINGH PATNA!K 
v. 
STATE OF ORISSA 
ARPIL 2, 1996 
[S.C. AGRAWAL AND G.T. NANAVATI, JJ.] 
Se1vice Law-Co111pulscny retiren1ent-Reconunended by Review Co111-
111ittee in public interest, conside1ing two adve1:"te confidential repo1ts and 
pending depa1t111e11tal proceedings and a c1i111inal investigation against the 
A 
B 
./" · 
appellant-Promotion of the appellant after advei:<e repmts and q11ashing of C 
depa1t111e11tal proceedings etc.-Relevance of-Adverse ren1a1*s in the annual 
confidential repo1ts by thenise/ves cannot sustain the 011inion leading to con1-
p11lsory retirement of the appellant in public interest-Order of comp11ls01y 
retirement quashed-Orissa Se1vice Code-Rule 71 (a). 
The appellant joined the Irrigation Department of Government of D 
Orissa as an Assistant Engineer (Irrigation) in 1956 and had been 
gradually promoted as Chief Engineer in 1984 on ad hoc basis and his 
promotion was regularised in 1985. In 1986 the appellant was compulsorily 
retired from service. by an order passed by the State Government under 
the first proviso to Rule 71(a) of the Orissa Service Code. 
The order of compulsory retirement of the appellant was passed on 
the basis of recommendation made by the Review Committee based on 
certain circumstances including corruption, irregularities and a vigilance 
case against hint. 
Appellant approached the Orissa Administrative Tribunal contend-
ing that there was no material before the State Government to form the 
requisite opinion for his compulsory retirement from service. The Tribunal 
dismissed the application. Hence, this appeal. 
Allowing the appeal, this Court 
, .,, 
HELD :1.1. Al"ter the remarks were made in the confidential reports 
E 
F 
G 
for the years 1975-76 and 1977-78 the appellant had been promoted on the 
post of Superintending Engineer in the year 1978 and thereafter as Chief 
Engineer in 1984. In respect of the year prior to 1975-76, in the year 1976-77 H 
1061 
1062 
SUPREME COURT REP OR TS 
[1996] 3 S.C.R. 
A and in the years subsequent to 1977-78 the performance of the appellant 
was appraised as 
11good
11
• In these circumstances, the adverse remarJcs in 
the annual confidential reports for the years 1975-76 and 1977-78 by 
themselves cannot sustain the opinion leading to the compulsory retire-
ment of the appellant on the basis that further retention of the appellant 
B in service was not in public interest. [1067-C-D] 
Baikuntha Nath Das and Anr. v. Chief Disuict Medical Officer, 
Bmipada and Anr., [1992] 2 SCC 299, relied upon. 
1.2. Apart from the adverse entries in the confidential reports for the 
C years 1975-76 and 1977-78, the other circumstances on which reliance was 
placed by the Review Committee were proceedings·wherein either explana-
tion had been asked for from the appellant or where the explanation had 
been given and the matter was under consideration of the authorities and 
all those proceedings were subsequently dropped. Similarly, the vigilance 
D case which had been registered against the appellant by the Vigilance 
Department for possession of properties disproportionate to his known 
source of income was at the investigation stage at that time and sub-
sequently after completing the investigation the appellant has been ex-
onerated and the final report bas been submitted which bas been accepted 
E by the Chief Judicial Magistrate. The penalty of withholding of three 
increments which was imposed by the State Government on the appellant 
bas been quashed by the Orissa Administrative Tribunal. Hence these 
circumstances relied on lost their significance. [1066-A-D] 
F 
2. In tl1e normal course the appellant would have retired on April 
30, 1991 after attaining the age of superannuation of' 58 years. As a result 
of the quashing of the order of' compulsory retirement dated March 5, 
1986, the appellant has to be treated to have continued in service till April 
30, 1991 and for the purpose of pension and other retiral benefits the pay 
should be fixed as on April 30, 1991 and the pension and retiral benefits 
G payable to him should be computed on that basis. As regards arrears of 
pay and other emoluments for the period from March 5, 1986, the date of 
the· order of compulsory retirement till April 30, 1991, the date of his 
attaining the age of superannuation, the appellant should be paid 50 
percent of the pay and emoluments payable to him for this period. 
H 
[1067-E-G] 
( 
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1 
N. PATNA!Kv. STATE [S.C. AGRAWAL,J.) 
1063

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