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The Central Administrative Tribunal has upheld the Centre’s decision on premature retirement of a senior official of the Research and Analysis Service (the Research and Analysis Wing (R&AW)’s own service cadre created in 1983 to absorb talent from other UPSC Group A officer cadre). The court in a recent order on February 15, 2019, observed that officer’s retirement should not be equated with sacking, as there isn’t any doubt on his integrity. The officer alleged that he was removed on the pretext of being a deadwood in the agency.

Jitendra Kumar Ojha, former Joint Secretary, RAS, retired on January 17, 2018. The tribunal’s Chairman, Justice L Narashima Reddy said: “The applicant made a mention of his desire to take VRS (Voluntary Retirement Scheme); the same did not take place. He has been expressing his desire to leave the organization on several occasions that include his meetings with the superior officers. It is under these circumstances, that the impugned order came to be passed.” The court also noted that Ojha in 2012 expressed his desire to move out.

After Ojha moved the tribunal, the matter was first heard in March 2018 challenging his early dismissal from the service, despite having good ratings in Annual Confidential Reports (ACRs). However, taking a different view on Ojha’s plea, the court observed that “….. By its very nature the service of an officer in RAS has its own graph. The ups and downs occur more on account of the satisfaction or otherwise of the officer himself than due to any external factors”.

—India Legal Bureau

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3 COMMENTS

  1. If an officer is honest and intelligent then why should he be forced to retire under rules mean’t to sack deadwood? Having seen the petition, Jitendra Ojha had raised serious issue of integrity of his own bosses. He had accused them of serious wrongdoing. Mumbai terror accused Iqbal Mirchi and Surat Terror accused Hani Patel and naval War room leak accused Ravi Shankaran, were arrested in UK entirely and exclusively by effort of Jitendra Kumar or Jitendra Ojha. His petition cites several other accomplishments. It looks like when forgery by his colleagues was exposed, then they took a new plea. Has government sacked an exceptionally honest and intelligent officer to please anti-national forces and enemies of India? Did politicians, arms dealers, corporates and bureaucrats and police officers conspire to eliminate a common threat from an honest officer? India Legal, please investigate and put up facts for the country. It is a dangerous and explosive assault on India.

  2. May be the judge should be awarded capital punishment as he had expressed annoyance at many of the problems in this world. Subsequently, court should justify that his annoyance over problems of the world merited award of capital punishment to him. There is no confusion that Rule 56j is mean’t only to remove either incompetent or dishonest or both officials. Rule is very clear that it should be applied judiciously and with absolute impartiality. This officer was nominated to NDC. NDC clearly states that records of all officers nominated should be such that a routine perusal would suggest that these are outstanding. This person got First Class with distinction even in NDC. He was head of training. His only mistake may be his honesty and efficiency.

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