TaxTMI 
TaxTMI 
2011 (9) TMI 955
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....erent dates. They had challenged orders of their compulsory retirement from service by filing Writ Petitions under Article 226. Though the result of each appeal would depend on its own facts, having regard to the commonality of submissions on legal aspects, this Court had tagged these cases together and heard them one after the other. This Court proposes to dispose of the three appeals, by this common Judgment for the sake of avoiding repetitiveness of legal principles. However, the Court proposes to consider each case on its own merits. With these observations, the Court proposes to deal with appeal arising out of Special Leave to Appeal (Civil) No.27028 of 2008, filed by Mr. Rajendra Singh Verma against decision in C.W.P. No.2157 of 2002. Mr. Verma was born on April 13, 1950. After enrolling himself as an advocate, he had started legal practice in the year 1980. In the year 1994 applications were invited from practicing advocates for direct recruitment to the D.H.J.S. Mr. Verma had also applied pursuant to the said advertisement and after interview he was selected and was offered appointment to D.H.J.S. He joined the service on 9.3.1995 and was aged about 45 years on the....
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....ng Committee of the High Court decided to retire Mr. Verma compulsorily from service. The Full Court of the Delhi High Court accepted the recommendation made by the Screening Committee in its meeting held on September 22, 2001. After acceptance of recommendation of the Screening Committee by the Full Court, entire work entrusted to him was withdrawn by a letter dated September 24, 2001. He made representation dated September 25, 2001 against the proposed order retiring him compulsorily from service. He was thereafter served with order dated September 27, 2001 retiring him compulsorily from service with effect from September 28, 2001. The record shows that the representation dated 16.2.2001 made by Mr. Verma against ACRs for the years 1997, 1998 and 1999 was rejected on October 5, 2001. Against the A.C.R. for the year 2000, Mr. Verma had made a representation dated October 13, 2001, which was received by the High Court on September 25, 2001. This was rejected by the High Court vide order dated November 25, 2001. 5. Thereupon Mr. Verma had filed C.W.P. No. 2157 of 2002 before the Delhi High Court challenging the order of compulsory retirement dated September 27, 2001. ....
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....pulsory retirement had vitiated order of his compulsory retirement. (6) Before taking decision to retire him prematurely from service opportunity of being heard was not given to him. (7) The circumstances of the case indicated that the Order of compulsorily retirement passed against him was punitive, arbitrary, mala fide and in violation of the principles of natural justice. 6. In support of these submissions, Mr. Verma had relied upon decisions in (a) Baikunth Nath Das Vs. Chief District Medical Officer, Baripada (1992) 2 SCC 299; (b) Madan Mohan Choudhary Vs. State of Bihar (1999) 3 SCC 396; (c) High Court of Punjab & Haryana Vs. I.C. Jain (1999) 4 SCC 579; (d) High Court of Judicature at Allahabad Vs. Sarnam Singh & Another (2000) 2 SCC 339; (e) Bishwanath Prasad Singh Vs. State of Bihar (2001) 2 SCC 305; (f) State of U.P. Vs Yamuna Shanker Mishra (1997) 4 SCC 7; (g) Registrar, High Court of Madras Vs. R. Rajiah (1988) 3 SCC 211; (h) M.S. Bindra Vs. Union of India & Others (1998) 7 SCC 310; (i) Ram Ekbal Sharma Vs. State of Bihar & Another (1990) 3 SCC 504; (j) Anoop Jaiswal Vs. Govt. of India (1984) 2 SCC 369; and (k) Padam Singh Vs. Union of India & Others, 2000 (III) AD (D....
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....s of few years at one point of time would not render the same illegal. The High Court noticed the reasons as to why ACRs for the years 1997, 1998 and 1999 were recorded in one go, and thereafter held that there was sufficient explanation for recording the ACRs of three years at one time. The argument that there was no material justifying recording such ACRs was considered to be misconceived in view of settled legal position. According to the High Court the entire service record of Mr. Verma from 1995 to 2000 revealed that even for one year he had not earned "Above Average" remark and his performance and conduct as a judicial officer in fact had kept on deteriorating and shown a downward trend. After taking into consideration the law on the point, the High Court concluded that action under Fundamental Rule 56(j) need not await the disposal of the representation made against the ACRs and, therefore, the order of compulsory retirement passed against him after taking into consideration the ACR for the year 2000 was not bad in law. 9. In view of the above conclusions the High Court dismissed the petition which has given rise to the above numbered appeal. 10. It may be....
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....ne of consideration for being considered for premature retirement in public interest at the age of 50/55 years, but they did not find, for the time being, any Officer who could be retired prematurely in public interest. The Full Court considered the report of Screening Committee in its meeting held on 22.07.2000 and accepted the report. However, on 29.07.2000 the Full Court recorded ACR of the appellant for the year 1999 as "C". On ACR being communicated, to him, he filed representation dated 08.09.2000. 12. The LPA No. 329 of 1997 filed by the High Court against Judgment dated 28.05.1999 rendered by a Single Judge in W.P.(C) No. 4334 of 1997 which was filed by the appellant, was accepted by the Division Bench vide Judgment dated 09.02.2001. The record does not indicate that the Judgment rendered by the Division Bench in LPA No. 329 of 1997 was subjected to challenge by Mr. Gupta before higher forum. It may be mentioned that Mr. Justice M.S.A. Siddiqui was nominated as Inspecting Judge of the court of Mr. Gupta for the year 2000. The case of Mr. Gupta is that he had sent one copy each of his five Judgments delivered by him during the year 2001, on 18.05.2001 as was requisi....
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....002 in the High Court and also prayed to expunge adverse remarks in his ACR for the years 1999 and 2000. 13. On service of notice the High Court filed reply affidavit controverting the averments made in the petition. It was explained in the reply that the Screening Committee of the two learned Judges had considered the overall service record of the appellant and found that his performance and conduct were recorded as average for the years 1979-80, 1980-81, 1999, 1997 and 1998. The High Court mentioned in the reply that in the report for the year 1995, the Inspecting Judge had recorded that he had heard complaints about the integrity of the appellant. According to the High Court, again in the inspection report for the year 1999-2000 the Inspecting Judge, in respect of judicial reputation of the appellant and in respect of his impartiality and integrity, had recorded that the appellant did not enjoy good reputation. As per the reply, the case of the appellant was considered for promotion on18.05.1996 but he was not found fit at that time and even in the subsequent selections as a result of which he was not promoted. What was highlighted in the reply was that for the year 199....
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....uld be sustainable as easing out a person with integrity doubtful. The High Court noticed that so far as the ACR for the year 1999 was concerned the appellant was given "C" grading i.e. below average and representation made by him was rejected by the Full Court in its Meeting held on 19.05.2001. High Court after looking into the over all career profile of the appellant held that it was totally untenable to allege that there was any bias or mala fide against him. 15. In view of the above mentioned conclusions the High Court rejected the petition. 16. Thereupon, the petitioner filed Review Petition before the High Court. However, the same was withdrawn with a view to filing SLP against Judgment delivered by High Court in W.P.(C) No. 2362 of 2002. After withdrawing the review application, the appellant filed Special Leave Petition no. 314 of 2009 which on leave being granted is treated as an appeal. 17. The facts of the appeal arising out of Special Leave to Appeal No.27200 of 2008 are as under :- The appellant, i.e., Mr. M.S. Rohilla was appointed as Civil/Sub. Judge, in the Subordinate Judicial Services under the Government of Delhi on May 05, 1972. On June 17, 197....
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....communication, he was given six weeks time to make a representation against the said grading. According to Mr. Rohilla, when he was awaiting the response to his previous representations made with reference to the ACRs for the years 1998 and 1999 and when he was yet to respond to the ACR for the year 2000, he received communication dated September 27, 2001 from the High Court prematurely retiring him from service under rule 56(j) of the fundamental Rules read with Rule 33 of the Delhi Subordinate Judicial Services. According to him he made a representation requesting the respondents to supply the material upon which decision was taken to prematurely retire him from service. As he was called upon to make a representation against the ACR for the year 2000 within six weeks from the date of communication dated 21.9.2001, he filed representation dated November 3, 2001 against the same but of no avail. Ultimately, in the month of March 2002 he filed W.P. No. 1965 of 2002 challenging order of his compulsory retirement from service. Pending the said Writ Petition, the Full Bench of the High Court hearing W.P. No. 4589 of 1995 which was directed against the order of his reversion da....
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.... the District & Sessions Judge, Delhi, regarding the conduct of Mr. M.S. Rohilla, then working as Judicial Magistrate, First Class, were placed on his personal file. It had been noted in the aforesaid findings of the District & Sessions Judge, that Mr. M.S. Rohilla should not have shown so much indecent haste in passing the order for handing over the ornaments to Jawahar Lal Gupta. Though, the District & Sessions Judge, Delhi, did not find any malafide on the part of Mr. M.S. Rohilla, still according to him, he acted in a most injudicious manner due to his inexperience and suppression of the material facts by the S.H.O. while sending the report in the above noted case. The Full Court recorded `C' (Below Average) remarks for the year 1972-73). In the Inspection Report dated 29.4.1978 for the year 1977-78, the District & Sessions Judge, Delhi, observed regarding the reputation for honesty and impartiality of the officer that there were complaints of which the High Court was seized then. In the Inspection Report dated 7.12.1985, for the year 1983-84, his efficiency as Judicial Officer was termed as a mediocre. As regards his reputation for honesty and impartiality, the Di....
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.... service record of Mr. Rohilla was called for by the Division Bench. After taking holistic view of the matter and the facts projected in the counter affidavit of the High Court, the Division Bench of the High Court expressed irresistible opinion that Mr. Rohilla was rightly retired compulsorily from service under FR 56 (j) of Fundamental Rules. According to the High Court, it was totally misconceived and untenable on the part of Mr. Rohilla to argue that the so-called material relied upon was only one sided view or it was not known what was the material placed before the High Court before decision to retire him compulsorily from service was taken. The High Court found that there was no force in the contention that his case could have been considered for the purpose of compulsory retirement only in the year 2001 when he was about to attain the age of 55 years in the year 2002. The High Court further concluded that it was also a wrong premise adopted by Mr. Rohilla that the High Court had based its decision solely on the basis of his ACR for the year 2000 wherein it was recorded that his integrity was doubtful. What was concluded by the High Court was that the exercise undertak....
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....rely, was that there was a bar to consider again the case of the appellants for premature retirement and, therefore, the order of compulsory retirement was liable to be set aside. In support of this plea, reliance was placed on the decision of this Court in State of U.P. Vs. Chandra Mohan Nigam & Others (1977) 4 SCC 345. 25. In reply to the above mentioned argument, it was pointed out by the learned Counsel for the High Court that the decision of the Committee dated July 17, 2000 was purely tentative in nature and was not a final decision. According to the learned counsel for the High Court, the use of the expression "for the time being" in the Minutes of the Committee would show that it was not a final decision meaning thereby the matters were to be considered in detail on a later date and final decision was to be taken later on. What was maintained was that the decision of the Committee dated July 17, 2000 was not a decision dealing each officer separately but general in nature and, therefore the phrase "for the time being" should be construed to mean that it was not a final decision and the cases of the appellants were deferred for being considered in future. Elabora....
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....appellants compulsorily from service in the public interest. According to the learned counsel for the High Court the consideration of the cases of the appellants in September, 2001 was in fact not a review of the earlier decision taken by the Screening Committee in July 2000 but it was a fresh consideration and on review of record of service of the appellants the High Court was justified in retiring the appellants compulsorily from service. Placing reliance on the decision in Haryana State Electricity Board Vs. K.C. Gambhir (1997) 7 SCC 85, it was pointed out that therein the case of the officer was considered at the age of 50 years and he was permitted to continue in service and again his case was considered at the age of 55 years and he was permitted to continue in service but he was compulsorily retired at the age of 57 years and such a decision was upheld by this Court by rejecting the plea that his case could have been considered only again at the age of 60 years. 26. This Court has considered the rival contentions raised by the learned counsel for the parties on the question whether the cases of the appellants for compulsory retirement, could have been considered again ....
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....n connection with the affairs of the Union of India, shall regulate the conditions of such service. 29. In Delhi Judicial Service Rules, 1970, no provision for compulsory retirement has been made. Therefore, Fundamental Rule 56(j), which is, for the time being in force and applicable to Government servants holding corresponding posts envisaged under the Delhi Judicial Service Rules, 1970, shall regulate the matter of compulsory retirement of officers of Delhi Judicial Service. Fundamental Rule 56(j), which is applicable to officers of Delhi Judicial Service, reads as under:- "(j) Notwithstanding anything contained in this rule, the appropriate authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice: (i) if he is in Group `A' or Group `B' service or post in a substantive, quasi permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years; (ii) in any other case after ....
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.... Court for consideration and orders. 33. In the meeting of the Full Court held on July 22, 2000 the report of the Screening Committee was considered. The true copy of extracts from the Minutes of the Meeting of the Full Court held on Saturday, the July 22, 2000 at 11.00 A.M. in the Judge Court reads as under :- "Agenda : 6. To review the case of the officers of DHJS and DJS who are within the zone of consideration for being considered for premature retirement in public interest - Report dated 17.7.2000 of the Screening Committee consisting of Hon'ble Mr. Justice Arun Kumar and Hon'ble Mr. Justice S.K. Mahajan constituted pursuant to Full Court decision dated 17.01.1998. Minutes : "The report of the Committee was accepted." 34. On a fair reading of the report of the Screening Committee quoted above read with the resolution adopted by the Full Court in its meeting dated July 22, 2000, it becomes evident that the cases of the appellants alone for premature retirement were not considered but cases of all the officers of Delhi Higher Judicial Service as well as that of officers belonging to Delhi Judicial Service who were within the zone of cons....
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.... Revenue in 1969 and had attained the age of 50 years on December 29, 1967. By an order dated August 22, 1970 the President of India, in consultation with the Government of Uttar Pradesh, in pursuance of the power conferred by sub-rule (3) of Rule 16 of the All India Services (Death-cum- Retirement Benefits) Rules 1958 had passed the order of compulsory retirement of the respondent in the public interest on the expiry of three months from the date of service of the order. That was challenged by Mr. Chandra Mohan Nigam by a writ petition before the Allahabad High Court. The learned Single Judge had allowed the same on the grounds of contravention of the justiciable and binding rules and because the order was based on consideration of irrelevant matters and was also vitiated by bias. Feeling aggrieved both the Union of India and the State of U.P. had appealed to the Division Bench of the High Court. The Division Bench of the High Court by an order dated April 13, 1973, dismissed both the appeals by a common judgment. The Division Bench had not agreed with all the reasons given by the learned Single Judge and had quashed the order of compulsory retirement holding tha....
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....al for his premature retirement under Rule 16(3) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 should have been considered. After noticing the fact that the State Government had not recommended the compulsory retirement the letter proceeded to mention that the Central Government was not knowing if there were any particular reasons for taking a different view or whether it was a case of over-sight. By the said letter the Central Government had expressed opinion to have the considered views of the State Government before any decision was taken by the Central Government. On January 29, 1970, the Chief Secretary to the State Government had replied that the Review Committee had considered the character roll and the merits of the case of Mr. Nigam and found that he was suitable for continuing in service, and that the decision of the Committee was accepted by the State Government. In the reply, it was mentioned that the State Government's decision in the matter was taken after thorough consideration and that the State Government did not consider it necessary to go into this question again. No adverse decision contrary to the recommendation of the State....
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....icer of Delhi Higher Judicial Service and Delhi Judicial Service, but a tentative decision was taken that at that stage no officer was found fit who could have been retired compulsorily from service. This is not a case wherein a review had taken place and a positive final decision to continue the appellants in service, was taken by the Screening Committee. In the case of Chandra Mohan Nigam (Supra), the case of Mr. Nigam was considered positively for retirement but a specific recommendation was made to continue him in service, by the Review Committee which was accepted by the State Government and except expressing an opinion that having regard to certain adverse remarks in his character roll, this was a fit case in which proposal for his premature retirement should have been considered, the Central Government, after receipt of reply from the State Government, had not taken any adverse decision contrary to the recommendation of the State Government, which was in turn based on the recommendation of the First Review Committee. Further, in Chandra Mohan Nigam's case itself this Court has in para 27 of the reported decision hastened to add that when integrity of an officer ....
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....he appeal filed by the Haryana State Electricity Board, observed that though the appellant could have taken the action of compulsorily retiring the respondent from service earlier, it acted very fairly and allowed him to remain in service till his representation against the adverse remarks was considered on the first occasion and subsequently, till the departmental enquiry was completed. The clear meaning of the above-mentioned observation is that even during the pendency of his representation against adverse remarks and during the pendency of departmental enquiry, Haryana State Electricity Board could have taken action of compulsorily retiring the respondent from service earlier. Thus on the basis of service record, the three Judicial Officers could have been retired compulsorily from service but a tentative decision was taken not to retire them from service at that point of time. But this tentative decision would not preclude the authority concerned from passing orders of compulsory retirement later on. 41. In Government of T.N. vs. P.A. Manickam AIR 1996 SC 2250, what is ruled by this Court is that the rule permits the appropriate authority to retire any Government s....
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....General of Police. During the course of the departmental enquiry an entry to the effect that "he had concocted a case of attempt to rape against one Mr. Venugopal Reddy to please the then Inspector General of Police Mr. Nambiar and there was a strong suspicion about his integrity" was made in his A.C.R. He made a representation to expunge the entry. The Government decided that as statements were factual, it would be sufficient if entry was made to the effect that the suspension was subsequently lifted and the period was treated as on duty and that further action was not necessary as there were no good grounds to hold him guity of any of the charges leveled against him. However, on August 7, 1975, a Review Committee consisting of the Chief Secretary, Home Secretary and Inspector General of Police considered various cases of police officers including that of Mr. Reddy and made recommendations. On September 11, 1975, the Government of India, after considering report of the Review Committee, ordered compulsory retirement of Mr. Reddy in public interest. Thereupon Mr. Reddy filed writ petition in the Andhra Pradesh High Court. The Single Judge allowed the petition and quashe....
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.... question that will be an exceptional circumstance for which order may be passed in respect of such a person under Rule 16(3) at any time, if other conditions of the rule are fulfilled, apart from the choice of disciplinary action which will also be open to Government, this Court M.E. Reddy's case, has held as under: - "Thus, even according to the decision rendered by this Court in the aforesaid case the fact that an officer is of doubtful integrity stands on a separate footing and if he is compulsorily retired that neither involves any stigma nor any error in the order." Further, in the process of interpreting the decision in Chandra Mohan Nigam's case, this Court in para 25 of the reported decision inter-alia observed that "we have already indicated above that this Court made it absolutely clear that when a person was retired under Rule 16(3) on the ground that his integrity was in question, the observations made by this Court would have no application." 43. Apart from the poor judicial performance, the appellants were also retired compulsorily from service, on the ground that their integrity was doubtful. 44. The mandate of Article 235 of the Constituti....
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....ervice provided under the Rules is a must by each and every High Court as the lower judiciary is the foundation of the judicial system. We hope that the High Courts would take appropriate steps regularly for weeding out the dead wood or the persons polluting the justice delivery system." 46. Under the circumstances this Court is of the firm opinion that the principle laid down in Chandra Mohan Nigam's case will not be applicable to the facts of the appellants who were Members of the Delhi Higher Judicial Service. 47. Even if it is assumed for the sake of argument that the principle laid down in Chandra Mohan Nigam's case would apply with all the vigour to the facts of the appellants also, this Court finds that in respect of all the three officers, after the previous consideration in July, 2000, new material in the form of ACR for the year 2000 "`C' integrity doubtful" had come into existence and had become a part of their respective service records when the Full Court in its meeting held on 13.9.2001 recorded their ACRs for the year 2000. Thus the consideration by the Committee constituted for the purpose of evaluating the cases of the officers to ascertain ....
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....nt ought to have been advised by his Council of Ministers was not advanced before the High Court and therefore was not considered by the High Court and this plea should not be permitted to be raised for the first time in the appeals arising by grant of special leave. It was pointed out that in the appeal arising out of SLP No. 314 of 2009 in the list of dates filed by Mr. P.D. Gupta it was pleaded that this plea was urged before the High Court but the same was not considered before the High Court and if that be so the remedy of the appellant is to go back to the High Court and file the review petition. What was emphasized was that Mr. Gupta had in fact filed a review petition but later on withdrawn the same without seeking any liberty to agitate this point in the Special Leave Petition or in any other proceedings and therefore, he is not entitled to urge this plea. It was emphatically pointed out by the learned counsel for the High Court that in other appeals, it is not stated by the appellants that such a plea was urged before the High Court and they having not urged such a plea in the memorandum of Special Leave Petitions, the plea raised at the delayed and belated stage....
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....and advice of his Council of Ministers, was urged before the High Court, but the said point was not considered by the High Court. It is rightly argued by the learned counsel for the respondent that even in such an eventuality, the only course/remedy available to the said appellant was to approach the High Court seeking review of the Judgment. The record shows that the appellant Mr. Gupta had filed review application before the High Court, but the same was unconditionally withdrawn. At the time of withdrawal of review application, the appellant had not sought any liberty to agitate this point in Special Leave Petition before this Court. So far as two other appellants are concerned they have not stated that such a point was argued on their behalf before the High Court and was not dealt with by the High Court. Under the circumstances a question arises whether the learned counsel for the appellants should be permitted to raise such a plea before this Court at the stage of final disposal of the matters. 53.Ordinarily the Supreme Court would not entertain a new prayer at the hearing of the appeal under Article 136 when it is not raised in the High Court or in the petition seeking l....
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.... by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. Sub Article (3) of Article 163 stipulates that the question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any Court. 56.Article 239AA inserted by the Constitution (Sixty-ninth Amendment) Act, 1991 enacts special provisions with respect to Delhi. Clause (1) of said Article states that as from the date of commencement of the Constitution (Sixty- ninth Amendment) Act, 1991 which is February 1, 1992 the Union Territory of Delhi shall be called the National Capital Territory of the Delhi and the administrator thereof appointed under Article 239 shall be designated as the Lieutenant Governor. Sub-clause (2) deals with the constitution of Legislative Assembly for the National Capital Territory and total number of seats of the assembly etc. Sub-clause (3) of the Article confers power on the Legislative Assembly to make laws for the whole....
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....omotion and confirmation of such promotions, of persons holding posts in judicial service, inferior to that of District Judge; (c) transfer of District Judges; (d) recall of District Judges posted on ex-cadre posts or on deputation on administrative posts; (e) award of selection grade to the members of the judicial service, including District Judges and grant of further promotion after their initial appointment to the cadre; (f) confirmation of the District Judges who have been on probation or are officiating after their initial appointment or promotion by the Governor to the cadre of District Judges under Article 233; and (g) premature or compulsory retirement of Judges of the District Courts and of Subordinate Courts. 58.The scheme envisaged by the Constitution does not permit the State to encroach upon the area reserved by Articles 233, 234 and first part of Article 235 either by legislation or rules or executive instructions. 59.Article 235 has no concern with the conferring of jurisdiction and powers on the Court but it only relates to administrative and disciplinary jurisdiction over the subordinate Courts. Therefore, the conferment of power of the prescribed auth....
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....ernor of Punjab, on the recommendation of the High Court of Punjab and Haryana. Both of them had filed writ petitions in the Punjab and Haryana High Court against the termination of their services. The writ petitions were dismissed and, thereafter, they had filed appeals to the Supreme Court. 62.The first contention raised by appellant Ishwar Chand Agarwal that he completed his initial period of probation of two years on November 11, 1968 and by reason of the fact that he continued in service after the maximum period of probation, he became confirmed by necessary implication, was negatived by this Court on the ground that notice dated October 4, 1968 was given at the end of the probation and the period of probation got extended till the inquiry proceedings commenced by the notice under Rule 9 came to an end. 63.The second contention on behalf of Ishwar Chand Agarwal that termination of his service was by way of punishment on the basis of charges of gross misconduct by ex-parte enquiry conducted by the Vigilance Department found favour with this Court. 64.This Court accepted the plea that the termination of his services was based on the findings of misconduct c....
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.... 66. In view of what is categorically, clearly and authoritatively held in paragraph 78 of the reported decision there is no manner of doubt that it is ruled by Seven Judge Bench of this Court in case of Shamsher Singh (supra), that the Governor has to act on the recommendation of the High Court and that is the broad basis of Article 235. The appellant Shamsher Singh was appointed on May 1, 1964 as Subordinate Judge. He was on probation. On March 22, 1967, the Chief Secretary issued a notice to him substantially repeating the same charges which had been communicated to him by the Registrar on December 15, 1966, and asked the appellant to show cause as to why his services should not be terminated as he was found unsuitable for the job. The appellant gave an answer. On April 29, 1967, the services of the appellant were terminated. Shamsher Singh, in the context of the Rules of Business, contended that the removal of a Subordinate Judge from service was a personal power of the Governor and was incapable of being delegated or dealt with under the Rules of Business. This Court held that the Governor can allocate the business of the Government to the Ministers and such all....
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....of all the Judges considered the merits and suitability of all the eligible candidates and by a resolution recommended to the Government the name of some officers in supersession of others. The Government then called for a copy of the High Court's resolution and Annual Confidential Reports of the candidates. In response, the high Court sent its detailed comments justifying its recommendation as also reasons for the supersession of seniors along with the resolution and confidential reports as desired by the Government. Thereafter, a Cabinet sub- committee considered the matter. But the government neither communicated the recommendation of the Committee to the High Court, nor sought the High Court's views thereon and thereafter without any further intimation or discussions made the appointments in accordance with seniority. Those officers whose names were recommended by the High Court filed a writ petition under Article 226 challenging validity of the appointments. The Court granted a stay of operation of the appointment order pending disposal of the matter regarding admissibility of the petition. But ultimately in view of the agreement between the parties, the High Court dec....
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....in violation of the Constitutional provisions and were therefore, set aside. 69. In State of Haryana Vs. Inder Prakash Anand H.C.S. and Others (Supra), the respondent joined the Punjab Civil Service, (Executive Branch) in November, 1954. He was selected for the Judicial Branch of the Punjab Civil Service on May 1, 1965. On November 15, 1968 he was promoted as officiating Additional District and Sessions Judge. He was due to attain the age of 55 years on February 24, 1971. The State referred his case to the High Court for its recommendation whether he should be retired at the age of 55 years or he should be retained in service till the age of 58 years, i.e., the age of superannuation. The High Court recommended that the respondent should be reverted to his substantive post of Senior Subordinate Judge/Chief Judicial Magistrate and that he might be allowed to continue in service till the age of 58 years. The State again sought recommendation about his retirement. The High Court recommended against compulsory retirement. The State Government did not agree and retired the respondent compulsorily. The High Court in a Writ Petition filed by the respondent quashed the order. In ap....
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....h Article 309 of the Constitution. In the said case adverse reports having been received against the appellant while he was acting as Subordinate Judge, disciplinary proceedings were initiated against him by the High Court. After preliminary enquiry, he was suspended and on the findings of the departmental enquiry and on consideration of his explanation in reply to show- cause notice under Article 311(2), the High Court recommended to the Government that the officer should be removed from service. The State Government although on its own showing was inclined to agree with the views of the High Court and with the recommendations made by it, however referred the case to the Haryana Public Service Commission for advice purporting to act under Article 320(3) of the Constitution. The Commission advised that no case had been made out against the appellant and that he should be exonerated. The Governor accepted the advice of the Commission and passed the order for reinstatement. The High Court, however, did not issue any posting order as it regarded the order of reinstatement by the Governor illegal. It even requested the Government to review its order. 72.Thereupon the app....
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....s the same. Thereafter the Court considered the question : Is the recommendation of the High Court binding on the Governor, and answered that since the Governor is the ultimate authority to pass the order for removal it will not be correct always to insist that he has no authority even under certain extraordinary circumstances to decline to accept, forthwith, the particular recommendation, but ordinarily and as a matter of graceful routine, recommendations of the High Court are and should be always accepted by the Governor, because that is ordinarily so and should be in practice the rule as a matter of healthy convention. 74.In paragraph 28, of the reported decision this Court has held that the quality of exclusive control of the High Court does not appear to be whittled down by the constitutional device of all orders issued in the name of the Governor as the head of the State administration and, therefore, when the High Court exercising disciplinary control over the subordinate judiciary finds, after a proper enquiry, that a certain officer is guilty of gross misconduct and is unworthy to be retained in judicial service and, therefore, recommends to the Governor his removal or ....
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.... In the decision delivered in case of Baldev Raj Guliani, this Court has not ruled that the Governor has to act in aid and on advice of the Council of Ministers. What is ruled is that the recommendation made by the High Court is binding on the Governor. 75. Again in the case of Regist rar, High Court of Madras Vs. R. Rajaiah, (1988) 3 SCC 211, the High Court had decided to compulsorily retire the respondents but had not communicated the recommendations to the Governor for passing formal orders of compulsory retirement. Instead the High Court had passed the orders of compulsory retirement under FR 56 (d). As there was no formal order by the Government under FR 56 (d), this Court held that the impugned orders of the High Court were ineffective. Ultimately, this Court did not interfere with the view expressed by the Division Bench of the High Court on merits of the matter and held that the High Court was perfectly justified in quashing orders of compulsory retirement. However, this Court considered the scope of Article 235 of the Constitution and held that the test of control is not the passing of an order against a member of the subordinate judicial service, but the pow....
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....mpulsory retirement in accordance with the recommendation of the High Court." Again, in para 20 of the reported decision, this Court, while holding that so long as there is no formal order by the Governor, the compulsory retirement, as directed by the High Court would not take place, has, inter-alia observed that "It may be that the power of the Governor under Rule 56(d) of the Fundamental Rules is very formal in nature, for the Governor merely acts on the recommendation of the High Court by signing an order in that regard". The proposition of law laid down in this case also supports the contention of the respondents that in the matter of disciplinary action against a member of the Subordinate Judicial Service, the Governor has no option, but to pass final order on the basis of the recommendation of the High Court. 76. It may be mentioned that in this case, i.e., Registrar, High Court of Madras (supra), this Court has referred to the decision of Shamsher Singh (supra), and has thereafter ruled that Governor has to act in accordance with the recommendation of the High Court by passing an order in accordance with the decision of the High Court and the Governor cannot take....
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....d in order to give litigation a quietous, this Court had requested the Governor of the State to pass a formal order of compulsory retirement of judicial officers. 79.On review of law, what is ruled by the Constitution Bench of this Court is that undoubtedly, the High Courts alone are entitled to initiate, to hold enquiry and to take a decision in respect of dismissal, removal, reduction in rank or termination from service, but the formal order to give effect to such a decision has to be passed only by the State Governor on the recommendation of the High Court, and it is well settled again by a catena of decisions of this Court that the recommendation of the High Court is binding on the State Government/Governor. 80. In Tej Pal Singh Vs. State of U.P. and Another, (1986) 3 SCC 604, the State Government moved the High Court in the year 1967 with proposal of premature retirement of the appellant, an Additional District and Sessions Judge. On July 8, 1968 the Administrative Judge agreed with the proposal of premature retirement after giving three months' notice. The Governor passed the order of retirement on August 24, 1968. Three days thereafter, on August 27, 1968 the....
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.... by the High Court or the Administrative Committee. Further, in paragraph 18 of the reported decision, this Court observed that in view of the control over the members of lower judiciary vested in the High Court by virtue of Article 235 of the Constitution, the Governor is bound, in each case, to act in accordance with the recommendation of the High Court. This decision also takes the firm view that the recommendation made by the High Court is binding on the Governor. 81.Thus, it is fairly well settled by catena of decisions of this Court that in the matter of compulsory retirement of a Judicial Officer the Governor cannot act on the aid and the advice of Council of Ministers but has to act only on the recommendation of the High Court. Though the Lt. Governor is a party to these appeals, he has not raised any plea that the recommendation made by the Delhi High Court was not binding on him and he could have acted in the matter only on the aid and advice of his Council of Ministers. Thus the order of the Lt. Governor compulsorily retiring the appellants without seeking aid and advice of his Council of Ministers is neither ultra vires nor illegal and is rightly susta....
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....en decision to retire him prematurely from service which was accepted by the Full Court in its meeting held on September 22, 2001 and though in the letter communicating ACR it was mentioned that he was entitled to made representation within six weeks, the order of compulsory retirement against him was passed on September 27, 2001 which was communicated to him on September 28, 2001 and as he was deprived of making any representation against the ACR for the year 2000, the order retiring him from service compulsorily was bad in law. 84.In the Appeal arising from Special Leave Petition No.27200 of 2008 it was contended by M.S. Rohilla that in the ACR for the year 2000, recorded by the Full Court on May 24, 2001, he was graded `C-Integrity doubtful' and he was communicated the said ACR and was asked to submit his representation within six weeks, but within three days thereafter i.e. on September 27, 2001 decision was taken to retire him compulsorily from service and, therefore, the order retiring him compulsorily from service was illegal. 85.In Appeal arising out of Special Leave Petition No. 314 of 2009 it was contended on behalf of P.D. Gupta that the Full Court had re....
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....ed by the rules and involves no penal consequences, in as much as the person retired is entitled to pension and other retiral benefits, proportionate to the period of service standing to his credit. 89. As explained by a Bench of three Hon'ble Judges of this Court in State of U.P. vs. Shyam Lal Sharma AIR 1971 SC 2151, in ascertaining, whether the order of compulsory retirement is one of punishment, it has to be ascertained, whether in the order of compulsory retirement there was any element of charge or stigma or imputation or any implication of misbehaviour or incapacity against the officer concerned. Secondly, the order of compulsory retirement will be indicative of punishment or penalty if the order will involve loss of benefits already earned. Thirdly, as order of compulsory retirement on the completion of 25 years of service or an order of compulsory retirement made in the public interest to dispense with further service will not amount to an order for dismissal or removal as there is no element of punishment. Fourthly, an order of compulsory retirement will not be held to be an order in the nature of punishment or penalty on the ground that there is possibility ....
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....ge the qualities of officials working under them and about their competence in the performance of official duties entrusted to them. Despite fear of abuse of power by prejudiced superior officers in certain cases, the service record contained in the confidential reports, by and large, reflects the real personality of the officer. The object of writing confidential reports and making entries therein is to give an opportunity to the public servant to improve excellence. Article 51 A(j) of the Constitution enjoins upon every citizen the primary duty to constantly endeavour to prove excellence, individually and collectively, as a member of the group. Therefore, the officer entrusted with the duty to write C.R. has a public responsibility and trust to write the C.R. objectively, fairly and dispassionately while giving, as accurately as possible the statement of facts on an overall assessment of performance of the subordinate officer. Opportunity of hearing is not necessary before adverse remarks because adverse remarks by themselves do not constitute a penalty. However, when the order of compulsory retirement is passed, the authority concerned has to take into consi....
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....ower of judicial review. According to this Court, what is needed to be looked into is whether a bona fide decision is taken in the public interest to augment efficiency in the public service. Again, a three Judge Bench of this Court in Union of India vs. V.P. Seth and another 1994 SCC (L&S) 1052, has held that uncommunicated adverse remarks can be taken into consideration while passing the order of compulsory retirement. The bench in the said case made reference to Baikuntha Nath Das vs. Chief District Medical Officer, Baripada (1992) 2 SCC 299, as well as Posts and Telegraphs Board vs. C.S.N. Murthy (1992) 2 SCC 317, and after reiterating, with approval, the principles stated therein, has laid down firm proposition of law that an order of compulsory retirement is not liable to be quashed by a Court merely on the showing that while passing it, uncommunicated adverse remarks were also taken into consideration. Applying the ratio laid down in the above-mentioned two cases to the facts of the present cases, this Court finds that the authorities concerned were justified in relying upon the adverse entry made against the two appellants and the deceased officer in the year 2000 ind....
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....decision of the Government on the appellant's representation. This Court in the said decision emphasized the purpose of communicating adverse entries and held that delay in communication of adverse entries should be avoided. This Court finds that the said case did not deal with entry which had adverse reflection on the integrity of the official concerned. 94. In S. Maheswar Rao Vs. State of Orissa and Another 1989 Supp (2) SCC 248 the appellant was a Superintending Engineer. His case was considered under the first proviso to Rule 71(a) of the Orissa Service Code and on the basis of adverse remarks awarded to him for the last three years, i.e., for the years 1980-81, 1981-82 and 1982-83, the Review Committee had made recommendation for his premature retirement. At that time his representation against the adverse remarks relating to the first year was pending. Against the remarks for the other years, he made representations subsequently and the State Government had without disposing of these representations compulsorily retired him. The Bhubaneswar Administrative Tribunal disapproved the taking into consideration of the remarks for the first year but sustained the impugn....
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....lsory retirement involves no civil consequences and that a Government servant does not lose any of the rights acquired by him before retirement, it was held that Fundamental Rule 56 (j) holds the balance between the rights of the individual Government servant and the interests of the public. According to this Court, while a minimum service is guaranteed to the Government servant, the government is given power to energize its machinery and make it more efficient by compulsorily retiring those who in its opinion should not be there in public interest. Thus the plea of breach of principles of natural justice was not accepted by this Court in the said case. 97. In Baikuntha Nath Das and Another Vs. Chief District Medical Officer, Baripada and Another, (1992) 2 SCC 299, the three Judge Bench of this Court had occasion to consider the question of effect of uncommunicated adverse remarks taken into consideration while passing order of compulsory retirement against the appellants of that case and scope of judicial review of the order retiring an employee compulsorily from service. The appellants in the appeals were compulsorily retired by the Government of Orissa in exerc....
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....which included uncommunicated adverse remarks, whereas on behalf of the respondent Government reliance was placed upon the decision in Union of India Vs. M.E. Reddy, (1980) 2 SCC 15, to contend that it was permissible to the Government to take into consideration uncommunicated adverse remarks also while taking a decision to retire a Government servant compulsorily. A study of the decision rendered by the three Judge Bench of this Court makes it evident that not less than twenty reported decisions of this Court were taken into consideration and thereafter the Court has overruled the decision in Baidyanath Mahapatra Vs. State of Orissa (1989) 4 SCC 664, which took the view that uncommunicated adverse remarks cannot be taken into consideration while passing an order of compulsory retirement against a Government servant. 98. In Baikuntha Nath Das case, after referring to decision of this Court in Brij Mohan Singh Chopra Vs. State of Punjab (1987) 2 SCC 188, where a three Judge Bench of this Court has specifically affirmed the decision rendered in Union of India Vs. M.E. Reddy (1980) 2 SCC 15, this Court has laid down following firm proposition of law stated in paragraph 34 of the re....
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.... said contention is hereby rejected. 100.Another point which was canvassed for consideration of the Court was that Rule 31A of DJS Rules incorporated since 1.1.1996 covers entire field of age of retirement and premature retirement of Delhi Judicial Officers and, therefore, premature retirement of the appellants could not have been made before their attaining the age of 58 years. According to the learned counsel for the appellants Rule 31A was added by notification dated 1.1.1996 issued by Lt. Governor on the recommendation of the Delhi High Court under Article 309 of the Constitution to DJS Rules on the subject of retirement, providing the normal age of retirement as 60 years with proviso of compulsory retirement at the age of 58 years and for voluntary retirement at the age of 58 years and after addition of this Rule, Rule 33 of DJS Rules could not have been invoked for application of Fundamental Rules, on the subject of normal age of retirement, age of premature retirement and assessment of performance as well as age of voluntary retirement. What was emphasized was that after introduction of Rule 31A in DJS Rules the subject of premature retirement cannot be consid....
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....appellant in terms of Rule 33 read with F.R. 56(j) is valid or not. 103.Though High Court in paragraph 45 of the impugned judgment has observed that the plea taken in the writ petition filed by Mr. Gupta that FR 56(j) read with Rule 33 of the DJS Rules is not applicable after the introduction of Rule 31 of the DJS rules, was dropped at the time of argument by the learned counsel for the appellant conceding that the order could have been passed under the aforesaid provision, this Court finds that this was a concession on point of law which would not bind the appellants. Further in the interest of justice it is necessary to settle the controversy once for all and, therefore, though in view of decisions cited by the learned counsel for the High Court, it is accepted as correct by this Court that the point sought to be argued was dropped before the High Court, it would not be in the interest of justice to preclude the learned counsel for the appellants from agitating this point before this Court. Under the circumstances, the Court proposes to examine the said contention on merits. 104.It is well known fact that in All India Judge's Association (Supra), this Hon'b....
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....pose of finding out suitability of the officers concerned for the entitlement of the benefit of the increased age of superannuation from 58 years to 60 years; it is in addition to the assessment to be undertaken for compulsory retirement and the compulsory retirement at the earlier stage/s under the respective service rules." 109.In view of the direction contained in All India Judge's Association case Rule 31 was inserted in DJS Rules with effect from 1.1.1996 providing that the normal age of retirement of the Delhi Judicial Officers governed by D.J.S. Rules would be 60 years. The potential for continued utility was to be assessed and evaluated at the age of 58 years because the benefit of the increase of the retirement age to 60 years was not available automatically to all judicial officers irrespective of their past records of service. Though this Court observed that the standard of evaluation for determining the potential for continued utility should be the same as for compulsory retirement but it was specifically made clear that the assessment directed was for evaluating the eligibility to continue in service beyond 58 years of age and was in addition to and ....
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....argued on behalf of Mr. Verma that no inspection was made, of the judicial work done by him for the years 1998, 1999 and 2000 and as this fact was not denied in the counter affidavit filed by the High Court, the order retiring him compulsorily from service suffers from vice of malice in law, and should have been set aside by the High Court on judicial side. Mr. Rohilla who had argued his appeal in person had contended that the order of compulsory retirement was expected to have been passed on the basis of all the material available prior to the passing of the order but the material in respect of which he had made representation which was pending to be replied or representation against the material which was still required to be submitted, could not have been relied upon for passing order of compulsory retirement. According to him, the so called material relied upon was only one-sided view and was not the wholesome exercise which was required to be undertaken before passing order of compulsory retirement. Mr. Rohilla had further argued that there was no record of any complaints either oral or in writing nor there was any record to show whether the complaints related to his jud....
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....by itself is sufficient to sustain orders of compulsory retirement passed against them. 113.So far as Mr. M. S. Rohilla is concerned, it was submitted by the learned counsel for the respondent High Court that there were two adverse ACR's for the years 1993 and 1994 indicating that his integrity was doubtful and the representations made by him against the same were considered and rejected, which decisions were not challenged by him by way of a writ petition before the High Court nor there was any challenge to the ACRs either in the earlier writ petition filed by him challenging his reversion from the Delhi Higher Judicial Service to the Delhi Judicial Service nor in the writ petition challenging the order of compulsory retirement and, therefore, order retiring him compulsorily cannot be regarded as illegal or arbitrary. 114.While dealing with the arguments advanced on behalf of the appellant Mr. P.D. Gupta it was stressed that for two years i.e. 1994 and 1995 his ACRs were C "Integrity Doubtful" which were challenged by him by filing a Writ Petition and though the learned Single Judge of the High Court had allowed the Writ Petition, the Division Bench in appeal had s....
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....to consider the entire record of service...... .... 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." 116.Thus the respondent High Court was justified in taking into consideration adverse ACRs reflecting on integrity of Mr. M.S. Rohilla for the years 1993, 1994 and 2000 while considering the question whether it was expedient to continue him in service on his attaining the age of 50 years. Similarly, in so far as appellant Mr. P.D. Gupta is concerned for two years that is 1994 and again in 1995 his ACRs were C "Integrity Doubtful" and again in the year 2000, the position was the same. Further, for two years, i.e., 1994 and 1995 his ACRs "C Integrity Doubtful" were upheld by the Division Bench of the High Court against which his Special Leave Petition was dismissed. At this stage it would be relevant to notice certain observations made by Divisio....
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.... The material, according to this Court, against the appellant in that case, was that he was an average officer and the vigilance proceedings initiated were dropped. If on these materials, benefit of enhanced retirement was denied to Mr. S.D. Singh, this Court has no hesitation in concluding that having regard to the service record of the two appellants and the deceased officer, the High Court was justified in compulsorily retiring them from service. 119.The argument that material was not supplied on the basis of which "`C' Doubtful Integrity" was awarded to the appellants and, therefore, the order of compulsory retirement is liable to be set aside has no substance. Normally and contextually word `material' means substance, matter, stuff, something, materiality, medium, data, facts, information, figures, notes etc. When this Court is examining as to whether there was any `material' before the High Court on the basis of which adverse remarks were recorded in the confidential reports of the appellants, this `material' relates to substance, matter, data, information etc. While considering the case of a judicial officer it is not necessary to limit the `ma....
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....he perceptions may differ in the very nature of things there is a difficulty nearing an impossibility in subjecting the entries in the confidential rolls to judicial review. Sometimes, if the general reputation of an employee is not good though there may not be any tangible material against him, he may be compulsorily retired in public interest. The duty conferred on the appropriate authority to consider the question of continuance of a judicial officer beyond a particular age is an absolute one. If that authority bona fide forms an opinion that the integrity of a particular officer is doubtful, the correctness of that opinion cannot be challenged before courts. When such a constitutional function is exercised on the administrative side of the High Court, any judicial review thereon should be made only with great care and circumspection and it must be confined strictly to the parameters set by this Court in several reported decisions. When the appropriate authority forms bona fide opinion that compulsory retirement of a judicial officer is in public interest, the writ Court under Article 226 or this Court under Article 32 would not interfere with the order. 123.Further ....
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....is a matter of common knowledge that the complaints which are made against a judicial officer, orally or in writing are dealt with by the Inspecting Judge or the High Court with great caution. Knowing that most of such complaints are frivolous and by disgruntled elements, there is generally a tendency to discard them. However, when the suspicion arises regarding integrity of a judicial officer, whether on the basis of complaints or information received from other sources and a committee is formed to look into the same, as was done in the instant case and the committee undertakes the task by gathering information from various sources as are available to it, on the basis of which a perception about the concerned judicial officer is formed, it would be difficult for the Court either under Article 226 or for this Court under Article 32 to interfere with such an exercise. Such an opinion and impression formed consciously and rationally after the enquiries of the nature mentioned above would definitely constitute material for recording adverse report in respect of an officer. Such an impression is not readily formed but after Court's circumspection, deliberation, etc. and th....
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....by the Full Court on 13.12.2000, it is wrong to contend that ACRs for those three years could not have been taken into consideration before passing order of compulsory retirement against the deceased officer. 126.On consideration of the argument advanced by the learned counsel for the parties, this Court finds that it has been ruled by this Court that ACRs for several years should not be recorded at one go and communicated thereafter. Normally, entries in confidential records should be made within a specified time soon following the end of the period under review and generally within three months from the end of the year. Delay in carrying out inspections or making entries frustrates the very purpose sought to be achieved. The mental impressions may fade away or get embellished. Events of succeeding years may cast their shadow on assessment of previous years. In a given case, proper inspection might not have been conducted nor notes/findings of inspection might have been properly maintained. In such a case, there is every possibility of a judicial officer being condemned arbitrarily for no fault on his part. Therefore, recording of entries for more than one year, ....
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.... recording the ACR was deferred by the Full Court and ultimately, in its meeting held on 21.4.2001 in respect of the deceased officer the Full Court decided as under :- "Deferred. Referred to the Committee constituted to look into the allegations against the judicial Officers." 127.The matter was, therefore, examined by the Committee of two learned judges of the Delhi High Court constituted for this purpose. This committee made certain discreet inquiries. The concerned Inspecting Judge(s) were also associated in deliberations by the Committee. The Committee gave its report dated 6.12.2001 as per which the information gathered by the Committee from various sources confirmed the allegation of doubtful integrity against the deceased officer. The matter was thereafter placed before the Full Court and the ACRs of the deceased officer were recorded for the years 1997, 1998 and 1999 on 13.12.2000. Thus there is sufficient explanation for recording the ACRs of three years at one time. It is wrong to contend that the ACRs for the years 1997, 1998 and 1999 should have been ignored while passing the order of compulsory retirement against the deceased officer. Therefore, the arg....
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....r dated 21.9.2001, High Court had granted six weeks' time to make representation, but much before the representation could be caused, the order of compulsory retirement dated 27.9.2001 was communicated, coupled with the fact that on that date, the writ petition filed by him against his reversion was pending. This Court has already taken the view that merely because Mr. Rohilla did not get any opportunity to make representation against the adverse remarks for the year 2000, those remarks could not have been ignored by the competent authority while passing the order of compulsory retirement against him because the settled law is that even uncommunicated adverse remarks can be taken into consideration while passing the order of compulsory retirement. So far as the writ petition, filed by Mr. Rohilla against his reversion is concerned, this Court finds that the order of compulsory retirement was not passed to render the said petition infructuous. The order of compulsory retirement has been passed on assessment of whole service record of Mr. Rohilla. Thus, Mr. Rohilla has failed to substantiate the plea that the order of his compulsory retirement is either mala fide or arbi....
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....emark, nor was it challenged before any authority. 1996 "B" (Average) No representation was made against this remark, nor was it challenged before any authority. 1997 "C" (Below Average) 1998 "C" (Below Average) 1999 "C" (Below Average) 2000 "C" (Integrity doubtful) 132.The report dated September 21, 2001 of the Screening Committee further reveals that the Screening Committee had considered the entire record relevant to his work and conduct and found that throughout his career, he had been assessed and graded either as "average officer" or "officer below average" and in the year 2000, his integrity was found to be doubtful. The Screening Committee had also found that for the year 1998, the Inspecting Judge of Mr. Verma had made a remark that the judgments and orders writ....
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..... Thereupon, he had made a representation, which was rejected on December 2, 1998. No steps were taken by him to challenge the said decision and thus, the grading awarded to him was accepted by him. Thereafter, he received a communication from the High Court in the year 1999, wherein he was informed that in his ACR for the year 1997, he was awarded "B" grade. Again, by a communication dated February 9, 2000 forwarded by the High Court, he was informed that in his ACR for the year 1998, he was graded "B". He made a representation against his ACR for the year 1998 in the year 2000. As noticed earlier, in the year 2000, he was communicated ACR indicating that his integrity was doubtful. Thus, the service record of Mr. Rohilla indicates that he was an officer "below average" or at the best an average officer and his integrity was doubtful. Under the circumstances, the decision taken by the competent authority to retire him from service cannot be said to be illegal in any manner whatsoever. 134.So also, the record of Mr. P.D. Gupta shows that he joined Delhi Judicial Service on January 28, 1978. Admittedly, his work and conduct from 1978 to 1992 was graded as "B", which means his ....