LexRAJENDRA SINGH VERMA (DEAD) THROUGH LRS versus LT. GOVERNOR OF NCT OF DELHI & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B [2011] 12 S.C.R. 496 RAJENDRA SINGH VERMA (DEAD) THROUGH LRS v. LT. GOVERNOR OF NCT OF DELHI & ANR. (Civil Appeal No. 7781 of 2011) SEPTEMBER 12, 2011 [J.M. PANCHAL AND H.L. GOKHALE, JJ.] SERVICE LAW : c Compulsory retirement - Challenge to - Held: Normally, · an aggrieved civil servant can challenge the order of compulsory retirement on any of the grounds: (a) that the requisite opinion has not been formed, or (b) that the decision is based on collateral grounds, or (c) that it is an arbitrary 0 decision - If the civil servant is able to establ!sh that the order of compulsory retirement suffers from any of these infirmities, the court has jurisdiction to quash the same - Administrative Law - Judicial review. Compulsory retirement - Held: Is not considered to be E a punishment - Un-communicated adverse remarks can be taken into consideration while deciding the question whether an official should be made to retire compulsorily or not - Therefore the principles of natural justice are not attracted - Thus, the fact that the adverse A.C.R. was communicated but F none of the officers had an opportunity to represent before the same was taken into consideration for passing order of compulsory retirement, cannot at all vitiate the order of compulsory retirement. G Compulsory retirement - Officers of Delhi Higher Judicial Service and Delhi Judicial Service - Rules applicable - Held: Rule 16(3) of All India Services (Death-cum-Retirement Benefits) Rules, 1958 would be applicable to the officers of the Delhi Higher Judicial Service - Therefore, the matter H 496 RAJENDRA SINGH VERMA (DEAD) THROUGH LRS v. 497 LT. GOVERNOR OF NCT OF DELHI regarding pre-mature retirement of officers of the Delhi Higher A Judicial Service who have completed 30 years of qualifying service or attained 50 years of age, has to be reviewed in the light of r. 16(3) of the Rules of 1958 - As regards the Officers of Delhi Judicial Service, Fundamental Rule 56(j) shall regulate the matter of compulsory retirement of such Officers 8 - All India Services (Death-cum-Retirement Benefits) Rules, 1958 - r.16(3) - Delhi Higher Judicial Service Rules, 1970 - Delhi Judicial Service Rules, 1970 - Fundamental Rule 56(}). Compulsory retirement- Stage of consideration - Officers of Delhi Higher Judicial Service and Delhi Judicial Service C - Held: There is no rule prohibiting consideration of the case of an officer for compulsory retirement before he attains the age of 55 years, even if his case has earlier been considered at the age of 50 years - The report of the Screening Committee dated 17. 7. 2000 not recommending premature D retirement ''for the time being" was tentative and not final, which will not preclude the authority concerned from passing orders of compulsory retirement later""on - Article 235 of the Constitution of India enables the High Court to assess the performance of any judicial officer and exercise the power of E compulsory retirement at any time with a view to maintain discipline in the service - Constitution of India, 1950 - Article 235. Compulsory retirement - Range of consideration of F service record - Held: While considering the case of an officer as to whether he should be continued in service or compulsorily retired, his entire service record up to that date on which consideration is made has to be taken into account - The fact that an officer, after an earlier adverse entry, was G promoted does not wipe out earlier adverse entry at all. Annual Confidential Reports - Judicial Review of - Held: Writing the confidential report is primarily and essentially an administrative function - The object of writing confidential reports and making entrie.s therein is to give an opportunity H 498 SUPREME COURT REPORTS [2011] 12 S.C.R. A to the public servant to improve excellence - Opportunity of hearing is not necessary before adverse remarks because adverse remarks by themselves do not constitute a penalty · - Natural justice - Opportunity of hearing. Annual Confidential Reports - Purpose of - Explained 8 - constitution of India, 1950 - Article 51 (j). CONSTITUTION OF IND/A, 1950: Article 136 - New plea - Held: Supreme Court would not c entertain a new plea at the hearing of the appeal under Article 136 when it is not raised in the High Court or in the petition s.eeking leave to appeal - However, there are exceptional cases in which the Court may permit a party t
Excerpt shown. Read the full judgment & AI analysis in Lexace.