SUSHIL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Appeal assails the judgment and order passed by the High Court of Delhi, at New Delhi, in W.P.(C) No.307/2011, whereby the High Court dismissed the said writ petition filed by the appellant and upheld the orders of compulsory retirement passed against him vide order dtd. 6/6/2010 by the competent authority.

(2.) Shorn of unnecessary details, the facts can be adumbrated as thus: the appellant joined the Central Industrial Security Force [For brevity, "CISF"] as an Assistant Sub-inspector on 28/6/1982. While in service, he was promoted twice, firstly to the post of Sub-Inspector on 29/3/1990 and later to the post of Inspector on 19/9/2003. Upon attaining the age of 50 years, the appellant's case was placed before the Internal Screening Committee [For brevity, "the Committee"] for assessment under Rule 56(j) of the Fundamental Rules. The Committee found the appellant to be unfit for retention in the service. The said view was affirmed by the Review Committee vide order dtd. 6/6/2010; consequently, the appellant was compulsorily retired from service. The appellant's representation submitted being aggrieved by the aforesaid order was also rejected by the Representation Committee.

(3.) Assailing the order of compulsory retirement, the appellant filed a writ petition before the High Court. The High Court, after considering the appellant's Annual Confidential Reports [For brevity, "ACR"] opined that the efficiency of the appellant to perform his duties slackened in the last 2 years of the period under review and held that the decision of the Committee in compulsorily retiring the appellant was not arbitrary or unreasonable. Aggrieved thereby, the appellant is before us in this Appeal.