REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BANGALORE Vs. GEORGE FELIX MANI

JUDGEMENT

(1.) THIS writ petition is by the Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Karnataka Region No.13, Bangalore and is directed against the order dated 4.10.2005 and as corrected by further order dated 19.10.2005 passed in O.A.739/2004 before him.

(2.) THE respondent herein who is the applicant before the tribunal had been working as an Enforcement Officer/Assistant Accounts Officer and had been prematurely retired with effect from 24.11.2003 as per the order of even date passed under FR 56(j)(i) of the Fundamental Rules governing the service conditions of Central Government employees which is also adopted by the Provident Fund organization. It is this order of the Provident Fund Commissioner which came to be dismissed by the appellate authority as per its order dated 11.11.2004 (copy produced as Annexure - A -10 before the tribunal) which came to be questioned before the tribunal.

(3.) ON the other hand tribunal rejected the stand by the present writ petitioner that even one adverse remark in the service record is good enough for passing the order by exercising power under Rule 56(j)(i) of the Rules; that non -communication of the adverse remark made in the service record would not affect the validity of an order passed under Rule 56(j) and that the tribunal cannot interfere with an order of this nature, did not find favour with the tribunal and the Doctrine of Pleasure which had been sought to be invoked in respect of exercise of power under FR 56(j) was also not appreciated by the tribunal. Accordingly, the tribunal allowed the application and set -aside the order of premature retirement and on having noticed that the applicant would have retired by then, directed the employer to compensate the applicant monetarily. It is this order which is questioned in this present writ petition.