UNION OF INDIA Vs. K C AGARWALLABIC

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Original Application No.200/00699/2017 filed by respondent- 1 as an applicant has been allowed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short, 'the Tribunal'), vide order dated 01.02.2018. The Tribunal set aside the decision of the Union of India to retire him compulsorily under Rule 16 (3) of All India Services (Death-cumRetirement Benefits) Rules, 1958 (for short, '1958 Rules'), on the ground that there are no materials and evidences to show that compulsory retirement of the private respondent was warranted as he had become a deadwood.

(3.) Respondent- 1 was appointed as Deputy Superintendent of Police on 28.10.1985 after he was successful in the examination conducted by Madhya Pradesh Public Service Commission. He came to be allotted Chhattisgarh State after bifurcation and inducted into the Indian Police Service vide notification dated 02.09.2011. The year of allotment for him was 2002. He was granted selection grade vide order dated 24.01.2015 and also grade of a DIG on 21.01.2016. Police Medal for meritorious service was conferred on him on the occasion of Republic Day in the year 2010 but still he came to be retired by invoking powers under Rule 16 (3) of 1958 Rules. The legal battle, therefore, started by filing of the Original Application.