STATE OF U.P. AND ORS. versus VIJAY KUMAR JAIN

STATE OF U.P. AND ORS. versus VIJAY KUMAR JAIN

The State Government is empowered under FR 56(c) to consider the entire service record, emphasizing later entries, when deciding to compulsorily retire a government servant. Entries which have their 'sting' even if beyond ten years from the date of retirement may still be considered as the 'vigour' of an adverse...

Source-derived case information.

Parties
Appellant: State of U.P. and Ors.; Respondent: Vijay Kumar Jain
Jurisdiction
India
Judgment Date
14 March 2002
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 1.3.2000 of the Allahabad High Court in C.m.w.p. No. 9949 of 1999
Outcome
Appeal allowed (main appeal); connected appeal dismissed as infructuous.
Legal Topics
Compulsory Retirement, Confidential Report, Adverse Entries, Service Record Review
Service Law Compulsory Retirement Confidential Report Adverse Entries Service Record Review

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Parties

State of U.P. and Ors.

Appellant

Vijay Kumar Jain

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 1.3.2000 of the Allahabad High Court in C.m.w.p. No. 9949 of 1999

Legal Issues

  1. 1 Whether entries beyond ten years of the service record from the date of compulsory retirement can be taken into account under FR 56(c) of the U.P. Fundamental Rules.

Ratio Decidendi

The State Government is empowered under FR 56(c) to consider the entire service record, emphasizing later entries, when deciding to compulsorily retire a government servant. Entries which have their 'sting' even if beyond ten years from the date of retirement may still be considered as the 'vigour' of an adverse entry is not wiped out merely by the passage of time if it relates to relevant conduct and was considered in forming the opinion for retirement.

Court Disposition

Appeal allowed (main appeal); connected appeal dismissed as infructuous.

Orders

  • The order of the High Court setting aside the compulsory retirement is set aside.
  • Order of compulsory retirement of the respondent is upheld.