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State Of Orissa And Others v. Ram Chandra Das .
Factual and Procedural Background
The respondent, an Assistant Conservator of Forests in the State of Orissa, was compulsorily retired from service by proceedings dated 1 August 1983. He challenged that order before the Orissa Administrative Tribunal in OA No. 340 of 1987. By judgment dated 18 July 1992, the Tribunal set aside the retirement on three grounds: (i) the respondent had been allowed to cross the efficiency bar, (ii) his subsequent promotion purportedly wiped out earlier adverse remarks, and (iii) the Tribunal felt that the entire service record had not been considered as required under Rule 71(a) of the Orissa Service Code. The State government obtained special leave to appeal, leading to the present decision of the Supreme Court.
Legal Issues Presented
- Whether the Government’s decision to compulsorily retire the respondent under Rule 71(a) of the Orissa Service Code was vitiated for failure to consider the entire service record.
- Whether the crossing of the efficiency bar and subsequent promotion of the respondent rendered earlier adverse remarks and pending departmental proceedings irrelevant to the decision on compulsory retirement.
- Whether the Tribunal was justified in substituting its own assessment for that of the Government in matters of compulsory retirement made in public interest.
Arguments of the Parties
Appellant (State Government)
- The entire service record of the respondent from 1964-65 to 1981-82, along with details of pending departmental proceedings, was placed before and duly examined by the Review Committee.
- The Review Committee’s recommendation was based on an overall assessment of integrity and efficiency in the public interest, satisfying the requirements of Rule 71(a).
- Promotion after adverse entries does not erase or render those entries inadmissible for the separate purpose of compulsory retirement.
Respondent
- Only two adverse entries for 1980-81 and 1981-82, together with an un-concluded departmental enquiry, were considered; the full record was allegedly not examined.
- Because he had crossed the efficiency bar and was promoted after the adverse remarks, those remarks should be treated as wiped out or irrelevant.
- Minor penalties imposed earlier could not justify the extreme step of compulsory retirement.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Supreme Court reiterated the settled principle that the Government may, in the public interest, compulsorily retire a civil servant to improve administrative efficiency or remove persons of doubtful integrity, provided the entire service record—including the most recent reports—is considered.
Rule 71(a) expressly authorises review at the 55th year of age to decide whether an officer should be continued until 58 years or retired early. The Court examined the Tribunal’s findings against the material demonstrated by the State:
- The State’s rejoinder affidavit confirmed that the complete service dossier (1964-65 to 1981-82) and details of pending disciplinary proceedings were before the Review Committee.
- The Tribunal itself had recorded, in paragraph 5 of its order, that it was shown the Review Committee’s minutes indicating consideration of the respondent’s Confidential Character Rolls (CCRs) and pending allegations of misuse of power.
- Crossing the efficiency bar and subsequent promotion do not obliterate adverse entries; such entries remain part of the permanent record relevant to an overall review of suitability.
- The Court stressed that judicial bodies should not re-appraise the sufficiency of material that led the executive to retire an officer; the test is whether a reasonable authority could reach the decision on the available record, not whether the court would have done so.
- Because compulsory retirement is non-punitive and the respondent retains pensionary benefits, the Government’s reliance on adverse material even post-promotion was not legally impermissible.
Given these factors, the Court concluded that the Tribunal had exceeded its jurisdiction by substituting its judgment for that of the competent authority.
Holding and Implications
Holding: The appeal is allowed; the order of the Orissa Administrative Tribunal is set aside, thereby upholding the respondent’s compulsory retirement. No order as to costs.
Implications: The decision affirms that (a) promotion or crossing the efficiency bar does not expunge adverse entries from consideration in compulsory-retirement reviews, and (b) courts or tribunals should not second-guess the executive’s assessment when the entire service record has been considered in accordance with statutory rules. The ruling directly affects only the parties but reinforces existing jurisprudence on compulsory retirement without creating new precedent.
Order
1. Leave granted.
2. We have heard learned counsel on both sides.
3. This appeal by special leave arises from the judgment and order passed by the Orissa Administrative Tribunal in OA No. 340 on 1987 on 18-7-1992. The respondent while working as Assistant Conservator of Forests was compulsorily retired from service by proceedings dated 1-8-1983 which came to be challenged by the respondent in the above proceedings. The Tribunal allowed the application on three grounds: (i) the respondent was allowed to cross the efficiency bar; (ii) since he was promoted, after the adverse remarks were made, the records were wiped out; and (iii) the entire record and overall consideration thereof was not done and, therefore, the exercise of the power of compulsory retirement under Rule 71(a) was not valid in law. The question is whether the view taken by the Tribunal is correct in law? It is needless to reiterate that the settled legal position is that the Government is empowered and would be entitled to compulsorily retire a government servant in public interest with a view to improve efficiency of the administration or to weed out the people of doubtful integrity or are corrupt but sufficient evidence was not available to take disciplinary action in accordance with the rules so as to inculcate a sense of discipline in the service. But the Government, before taking such decision to retire a government employee compulsorily from service, has to consider the entire record of the government servant including the latest reports.
4. Rule 71(a) of the Orissa Service Code empowers the Government to do the needful and reads as under:
“71. (a) Except as otherwise provided in the other clauses of this rule the date of compulsory retirement of a government servant, except a ministerial servant who was in government service on the 31st March, 1939 and Class IV government servant, is the date on which he or she attains the age of 58 years subject to the condition that a review shall be conducted in respect of the government servant in the 55th year of age in order to remain in service up to the date of the completion of the age of 58 years or retired on completing the age of 55 years in public interest.”
5. A reading thereof would indicate that the Government has been empowered, in the public interest, to compulsorily retire a government servant on his attaining the age of 58 years or on completion of 55 years by review of the service record.
6. It is seen that though the respondent has contended that neither the entire record of service was placed before the Review Committee, nor the Committee had gone into, nor had the advantage of it; and it considered only the adverse remarks for the years 1980-81 and 1981-82 in the rejoinder-affidavit filed in this Court, it was specifically stated that the entire record of service from 1964-65 to 1981-82 and also the pending proceedings in the departmental enquiry against the respondent were placed before the Review Committee and the same were duly considered by it. It is also seen that when the case was argued before the Tribunal, the copy of proceedings and report of the Review Committee and record was produced. The Tribunal had also noted in para 5 of the order thus:
“Learned Government Advocate produced before us a copy of the proceedings of the Review Committee meeting held on 8-6-1983. On perusal of the same, we find that the Committee perused the CCRs, entries of the applicant and took consideration of the allegations against him in the departmental proceedings on charges of misuse of powers, suppression of facts, etc. which were pending enquiry before the Administrative Tribunal. On the basis of the aforesaid materials, the Committee felt that continuance of the applicant in government service would not be in public interest and, therefore, they recommended that he should be prematurely retired.”
7. It is contended for the respondent that adverse entries for the two years referred to earlier and pending departmental proceedings would not be sufficient to compulsorily retire the government servant on the premises that after promotion they would become irrelevant and minor penalty was imposed. It is true that the government servant was allowed to cross the efficiency bar to enable him to avail of the benefits to draw higher scale of pay after crossing the efficiency bar. The adverse remarks made are after promotion. Even otherwise, the remarks form part of service record and character roll. The record of enquiry on conduct also would be material. Though minor penalty may be imposed on given facts and circumstances to act of misconduct, nevertheless it remains part of the record for overall consideration to retire a government servant compulsorily. The object always is public interest. The material question is whether the entire record of service was considered or not? It is not for the court/tribunal to see whether the decision of the Government to compulsorily retire the government servant is justified or not. It is for the Government to consider the same and take a proper decision in that behalf. As stated earlier, it is settled law that the Government is required to consider the entire record of service. Merely because a promotion has been given even after adverse entries were made, cannot be a ground to note that compulsory retirement of the government servant could not be ordered. The evidence does not become inadmissible or irrelevant as opined by the Tribunal. What would be relevant is whether upon that state of record as a reasonable prudent man would the Government or competent officer reach that decision. We find that selfsame material after promotion may not be taken into consideration only to deny him further promotion, if any. But that material undoubtedly would be available to the Government to consider the overall expediency or necessity to continue the government servant in service after he attained the required length of service or qualified period of service for pension. It is also made clear that in this case adverse entries were made only after promotion and not earlier to promotion. Compulsory retirement is not a punishment. He is entitled to all the pensionary benefits.
8. Under these circumstances, we are of the considered view that the Tribunal was wholly unjustified in interfering with the decision to retire the respondent compulsorily from service on the aforesaid grounds.
9. The appeal is accordingly allowed but, in the circumstances, without costs.
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