Consider entire service record to decide premature retirement, says SC

Satya Prakash

New Delhi, February 5

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Before taking a decision to prematurely retire a government employee, the department concerned must consider his/her entire service records, the Supreme Court has ruled.

“The entire service record is to be taken into consideration which would include the ACRs of the period prior to the promotion. The order of premature retirement is required to be passed on the basis of entire service records, though the recent reports would carry their own weight,” a Bench led by Justice Hemant Gupta said.

On Friday, it reversed the Delhi High Court’s October 14, 2011 verdict setting aside the August 16, 2011, order of premature retirement of Head Constable Om Prakash after 30 years of service.

The High Court had set aside the premature retirement order on the ground that Prakash was promoted as Head Constable on June 14, 2000, and hence s penalties imposed prior to 2000 had to be ignored while determining his suitability for retention in service. It further said the ACR for 2010 was graded average but it could not be taken into consideration as it was not conveyed to him.

However, the top court said such a compulsory retirement order was not liable to be quashed by the court merely on the ground that adverse remarks taken into consideration were not communicated to the employee.

“We find that the order of the High Court setting aside the order of premature retirement is clearly unsustainable and is set aside,” it said, adding the high court completely misdirected itself while setting aside the premature retirement order.