R.C. Chandel vs High Court Of M.P. & Anr

2. On 13.09.2004, the appellant, who was working on the post of District and Sessions Judge, Punna was compulsorily retired from the service in the public interest by the Government of Madhya Pradesh (for short, ‘the Government’) on the request of the Madhya Pradesh High Court (for short, ‘High Court’). The order of compulsory retirement was issued by the Government in exercise of its power under amended Rule 56(2)(a) of the Fundamental Rules, as made applicable in the State of Madhya Pradesh, Rule 14 of the Madhya Pradesh Higher Judicial Service (Recruitment and Service Conditions) Rules, 1994 (for short, ‘1994 Rules’), Rule 42(1)(b) of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (for short, ‘1976 Rules’) and Rule 1-A of Madhya Pradesh District and Sessions Judges (Death- cum-Retirement Benefits) Rules, 1964 (for short, ‘1964 Rules’). In lieu of notice of three months, it was directed in the order that the appellant shall be entitled to three months’ salary and allowances which he was receiving prior to his retirement.

4. The High Court on the administrative side challenged the order of Single Judge in writ appeal. The Division Bench of that Court on consideration of the entire matter held that the challenge to the order of compulsory retirement was ill-founded and, accordingly, set aside the order of the Single Judge vide its judgment dated 23.11.2006. It is from this order that the appellant has preferred this appeal by special leave.

5. The appellant was selected in the higher judicial service of Madhya Pradesh by direct recruitment. He joined the judicial service as an Additional District Judge on 17.10.1979. On 26.06.1985, he was confirmed as a District Judge. The appellant was awarded lower selection grade on 07.09.1990 with effect from 24.03.1989. He was awarded super time scale in May, 1999 and above super time scale in 2002. As noted above, by the order dated 13.09.2004, the appellant was compulsorily retired in public interest.

7. Mr. Rohit Arya, learned senior counsel for the appellant vehemently contended that the Division Bench was not at all justified in setting aside the judgment and order of the Single Judge. The observations made by the Division Bench in the impugned order and the findings recorded therein are founded on incorrect and misleading facts. The service record of the appellant speaks otherwise.The appellant has been largely assessed in his ACRs ‘Good’ or ‘Very Good’. He highlighted that the appellant was confirmed as District Judge in 1985, he was awarded lower selection grade in 1990, he was given super time scale in 1999 and above super time scale in 2002 on merits and, on the basis of his judicial work he was also recommended for elevation as a High Court Judge by the High Court collegium in March, 2004.

Overall profile of a judicial officer is the guiding factor. Those of doubtful integrity, questionable reputation and wanting in utility are not entitled to benefit of service after attaining the requisite length of service or age.

Enclosed is a representation of Shri R.C. Chandel, District & Sessions Judge, Rewa [MP], which is self-explanatory.

I shall be grateful if you kindly get it examined and do the needful.

Yours sincerely, [R.K. MALVIYA] Shri H.R. Bhardwaj, Minister of State for Law, Justice & Company Affairs, Government of India, NEW DELHI.”

Yours faithfully, (P.N. SINGH) Under Secretary to the Government of India”

43. In view of the above, we are satisfied that the recommendation made by the High Court to the Government for compulsory retirement of the appellant and the order of compulsory retirement issued by the Government do not suffer from any legal flaw. The order of compulsory retirement is neither arbitrary nor irrational justifying any interference in judicial review. The impugned judgment of the Division Bench is not legally unsustainable warranting any interference by this Court in an appeal under Article 136 of the Constitution of India.

44. Civil Appeal is, accordingly, dismissed with no order as to costs.

AUGUST 8, 2012.