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124-9
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1) CWP-7934-2024
Date of Decision:15.04.2024
Versus
2) CWP-7936-2024
Versus
3) CWP-7961-2024
Versus
4) CWP-7973-2024
Versus
5) CWP-7981-2024
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6) CWP-7985-2024
Versus
Asgar Ali
2024.04.17 12:01
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CWP-7934-2024 and 2 2024:PHHC:049972
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7) CWP-7988-2024
Versus
8) CWP-7994-2024
Versus
9) CWP-7996-2024
Versus
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petitions are common. With the consent of parties and for the sake of
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2. The petitioner through instant petition under Article 226 of
2024.04.17 12:01
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CWP-7934-2024 and 3 2024:PHHC:049972
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from service and orders dated 13.10.2023 (Annexure P-3) and 20.02.2024
rejected.
preferred civil writ petitions and this Court vide judgment dated
have been promoted within 5 years, in terms of Clause (iv) and (v) of
respondent-FCI.
consideration of his case. He pointed out that he has been promoted and
to prematurely retire him. There are many employees who have been
to continue.
last 5 years from the date of order of their premature retirement. The said
thus, as per circular dated 09.07.2021 (Annexure P-7), their entire service
record can be considered. Considering the entire service record, the said
has not passed impugned order in the true spirit of order dated 22.12.2023
(Annexure P-4) passed by this Court in the earlier round of litigation. The
storage and transit loss. The respondent has permitted to continue persons
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2024.04.17 12:01
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CWP-7934-2024 and 6 2024:PHHC:049972
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named in the body of the petition as well as Annexure P-9 who had been
has even reinstated those employees who did not approach this Court.
The respondent has settled issue with them but punished many officials
including petitioners.
limited. This Court vide order dated 22.12.2023 (Annexure P-4) rejected
petition of those employees who were not promoted during last 5 years,
who were promoted during last 5 years. The respondent has re-considered
found that none of the officers was promoted on merit, thus, respondent
before this Court and seven, out of them were subjected to penalty after
9. I have heard the arguments of both sides and with the able
the Court will treat the said order as an order of punishment attracting
the statement in the order refers only to the assessment of his work and
does not at the same time cast aspersion on the conduct or character of
Government.
servant is to weed out the dead woods in order to maintain efficiency and
M. Patel 2001 (3) SCC 314 has elaborated principles which ought to be
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Constitution.
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(1996) 4 SCC 504 Supreme Court has held that compulsory retirement of
record satisfaction to the effect that it is in the public interest to retire the
employee.
(3) SCC 504 Supreme Court has observed that in order to find out
the Government servant or the said order has been passed acting bona
fide, without any oblique and extraneous purpose, the veil can be lifted
by Court.
Asgar Ali
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this Court in the first round of litigation. This Court considered circular
report of Special Review Committee and finds that said Committee has
retired. 210 were found fit and remaining had already retired or were on
continue. They were not promoted on the basis of merit whereas they
have been subjected to penalty after their promotion. They have been
Asgar Ali Security Force Vs. HC (GD) Om Prakash’ 2022 LiveLaw (SC) 128 has
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held that for the purpose of premature retirement entire service record is
entire service record, though recent reports may carry their own weight.
The Court while setting aside order passed by Division Bench of Delhi
High Court has observed that adverse remarks can be taken into
promoted within last 5 years from the date of their premature retirement,
prematurely retired.
part of authorities. The petitioners have failed to point out mala fide on
16. Before parting with the judgment, I would hasten to add that
respondent as duty bound shall consider case of all those employees who
are similarly situated especially who have been pointed out by petitioners
( JAGMOHAN BANSAL )
JUDGE
15.04.2024
Ali
Whether speaking/reasoned Yes/No
Asgar Ali
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