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STATE & ANR. versus MOHAN LAL BHOI & ANR

High Court of Rajasthan

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STATE & ANR. v MOHAN LAL BHOI & ANR - CW Case No. 1451 of 2006 [2006] RD-RJ 1396 (23 June 2006)

SBCivil Writ Petition No.1451/2006

State of Rajasthan & Anr.

Vs.

Mohanlal Bhoi & Anr. 23rd August, 2006

Date of Order ::

HON'BLE MR.JUSTICE GOVIND MATHUR

Mr. Shyam Ladrecha, Addl.Govt.Advocate.

Mr. P.S.Chundawat, for the respondents. ....

By this petition for writ validity, propriety and correctness of the judgment dated 30.6.2003 passed by learned Rajasthan Civil Services Appellate

Tribunal, Jaipur is questioned. While accepting the appeal preferred by respondent government servant the tribunal by the judgment quashed order dated 1.3.2001, placing the government servant under compulsory retirement.

On the count that the case of the respondent government servant was not placed before high power committee constituted by government to consider cases of government servants for placing them under compulsory retirement, the tribunal quashed the order dated 1.3.2001. It is urged by counsel for the petitioners that as a matter of fact the respondent workman was placed under compulsory retirement on 1.3.2001 whereas the high power committee was constituted on 7.3.2001, therefore, there was no occasion to place the case of the government servant before the said committee.

Heard counsel for the parties and perused the entire record including the judgment impugned.

From perusal of document Anx.5 i.e. the recommendation made by competent committee to place the respondent government servant under compulsory retirement, it is apparent that there was no objective application of mind. The competent committee simply acted upon the report of the office superintendent and ordered for compulsory retirement of the respondent government servant. The recommendation made by the committee concerned reads as under:-

" 28-1-2001 ! ! 887-89/ /99 22-4-99 % ! '% .!.. .+., .+. ! ,+! ! A.P.R. ! + %

(O.S.) % 4 ! ! 4 O.S. 4 % +! A.P.R. % ! ,+! % ! %

C.R. ! 4 , :- .. ; % ! + .+. 1. + + .!.. 2. + ++ 3. --"-- 4. --"-- + + 5. --"-- = % 6. --"--

APR % ! ! ,+! !

O.S. / % + + % + ;/- ;/- ;/-

ADM(A) T.O. S.D.O.

Dgr. Dgr. Dgr."

It is well settled that the committee competent to consider the cases for compulsory retirement is required to examine entire service record of the government servant objectively and a decision to place an incumbent under compulsory retirement is required to be taken by thorough application of mind. The placement under compulsory retirement is having civil as well as evil consequences, therefore, no decision to place a government servant under compulsory retirement should be taken in casual manner.

In the instant matter no application of mind is visible from perusal of the proceedings referred above. The committee just on basis of a report given by office superintendent decided to retire the petitioner at premature stage. In view of it, in any event the placement of the respondent government servant under compulsory retirement is erroneous.

Accordingly, I do not find any error in the judgment impugned which may warrant interference of this Court under Articles 226 and 227 of the

Constitution of India. The writ petition is accordingly dismissed.

( GOVIND MATHUR ),J. kkm/ps.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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