- (1.)BY this judgment Letters Patent Appeal No. 43 of 1985 State of m. P. vs. S. C. Vaish and another, is also disposed of, as both these appeals arise out of the order passed by a learned Single Judge, setting aside the compulsory retirement of respondent No. 1, S. C. Vaish under Rule 16 (3) of the All India Services (Death-cum-Retirement Benefits)Rules, 1958.
(2.)THE respondent No. 1, S. C. Vaish, was appointed in the Indian adiministrative Service in the year 1955 and was allotted to the State of Madhya pradesh. He was promoted in the Senior Time Scale of I. A. S. in November 1961. He was reverted back to the junior scale in August 1962. But he was again promoted to the senior scale on 9-8-1963 and was confirmed in the senior scale with effect from 10-8-1963 in 1968-69. He was given selection grade on 1-10-1976 and the super time scale on 1-10-1980. He was given increment in the super time scale on 1-10-1982. The adverse confidential remarks were communicated to him after his selection in the super time scale for the year 1981-82 and 1982-83. This was the period when the respondent No. 1 was working as Commissioner, ' Departmental Enquiries, in the Vigilance commissioner's Office, i. e. from 1-7-1980 to 3-3-1983. He was then posted as Managing director of the M. P. Industries Corporation, Bhopal till he was compulsorily retired on 11-4-1984 by the Central Government after accepting the recommendation of the review Committee, endorsed by the State Government. This rule is as under :-
"the Central Government may, in consultation with the State Government concerned and after giving a member of service at least three months previous notice in writing or three months pay and allowance in lieu of such notice, require that member to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or any date thereafter to be specified in the notice. "
This Rule is similar to F. R. 56 (j ). At the time of compulsory retirement, the respondent had attained the age of 51 years and he had put in over 25 years of service. So he could be compulsorily retired, provided the other conditions are fulfilled under this Rule.
(3.)THE respondent No. 1's case is that he has been doing his duty honestly, diligently and faithfully and there was no allegation at any time about his integrity; he was promoted to the senior I. A. S. scale in 1962 and to the selection grade in 1976 and then finally to the super time scale on 1-10-1980; he was not served with any adverse entry after his promotion to the super time scale, and, in fact, he was given one increment in that scale; he received only one adverse entry that he is one of those officers who always remains unsatisfied and is prone to make complaints regarding various facilities being denied to them. He made a representation against his entry and such an entry does not warrant an action of compulsory retirement; the respondent no. 1 was given a certificate by the Chairman, M. P. Industries Corporation saying that he has been working and conducting as Mahaging Director satisfactorily and he had good relations with the members of the staff and public; in view of the fact that he was given super time scale in 1980, the previous adverse entries, if any, cannot be taken into consideration for his compulsory retirement.