Monday, January 30, 2023

Employee’s entire service record should be taken in account for premature retirement: Supreme Court

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Setting aside an order of the Delhi High Court, the Supreme Court has observed that the entire service record of an employee should be taken into consideration for premature retirement, including the Annual Confidential Reports (ACRs), prior to any recent promotion.

A Bench comprising Justice Hemant Gupta and Justice V. Ramasubramanian held that the High Court had not taken into account the service record of the respondent, a Central Industrial Security Force personnel, whose record prior to his promotion, reflected numerous punishments.

A Division Bench of the High Court had held that penalties imposed prior to his last promotion have to be ignored, while determining suitability of the writ petitioner to be retained in service.

Two penalties of sleeping on duty and overstaying leave by two days were termed minor by the High Court.

The Bench took note of the allegations of bribery and overall average service throughout the years, of the respondent, as reflected in all the ACRs.

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