UNION OF INDIA Vs. AJOY KUMAR PATNAIK

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the order of the Central Administrative Tribunal, Bombay Bench dated July 19, 1991 made in O.A. No.425 of 1986. The respondent's case, while working as Collector of Customs (Appeals) at Bombay, after completing 50 years of service, had come up before a screening committee consisting of senior officers to review the respondent's performance for continuance in service. The committee met on February 11, 1984. On consideration of the entire material placed before it, it recommended to compulsorily retire the respondent from service under Fundamental Rule 56(j) on "doubtful integrity". The competent authority passed the order on February 10, 1986 under F.R. 56(j) of the Fundamental Rules compulsorily retiring him in public interest. As stated earlier, the respondent had questioned the correctness thereof in the Administrative Tribunal which by its order had set aside the order on the ground that there are no adverse entries in the Character Rolls of "doubtful integrity" of the respondent and that therefore the two instances should not be taken into consideration in compulsorily retiring the respondent from service.

(3.) To satisfy ourselves whether the action of the appellant is based on any material, since the Tribunal had given finding that it had perused the record and was not satisfied, we had directed Shri N. N. Goswami, the learned senior counsel for the appellant to keep the record ready and place before us the Character Rolls as well as the report submitted to the Review Committee, views of the Review Committee made in that behalf. This has been done. We have perused the proceedings of the Review Committee dated December 24, 1985, stating: