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Supreme Court of India · 03/03/2023

CAPTAIN PRAMOD KUMAR BAJAJ versus UNION OF INDIA AND ANOTHER

[2023] 2 S.C.R. 30 · 2023 INSC 204

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Summary

An Indian Revenue Service officer selected in 2014 as Member of the Income Tax Appellate Tribunal was compulsorily retired under Fundamental Rule 56(j) in September 2019, three months before superannuation, after years of litigation in which the department had withheld his vigilance clearance and issued a charge memorandum, each step being set aside or stayed; the Central Administrative Tribunal and the Allahabad High Court upheld the retirement. The Supreme Court quashed it: his reports for the preceding decade graded him outstanding with integrity beyond doubt as late as July 2019, the complaints relied on were closed or arose from a settled matrimonial dispute, and nothing showed any sudden decline. Lifting the veil, the order was punitive, passed to short-circuit the pending disciplinary proceedings, and did not serve the public interest.

Issues

  1. Whether an order of compulsory retirement under Fundamental Rule 56(j), passed three months before superannuation against an officer with consistently outstanding performance reports and integrity assessed beyond doubt, while disciplinary proceedings were pending, was a bona fide exercise in public interest or a punitive order to secure his immediate removal.

Provisions considered

Held

Result

Appeal allowed with parties to bear their own costs; Allahabad High Court judgment dated 31.05.2022 reversed; order dated 27.09.2019 compulsorily retiring the appellant under FR 56(j) quashed and set aside along with all adverse consequences flowing from it.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 30.