JAGMOHAN SINGH NEGI Vs. UOI

JUDGEMENT

(1.) Having been appointed as an Assistant Sub-Inspector (Ministerial) with Central Industrial Security Force on 22.8.1972, petitioner earned promotion to the post of Sub-Inspector on 12.4.1978 and further to the post of Inspector on 24.3.1986. He earned promotion to the post of Asstt.Commandant on 2.7.1992 and further to the post of Deputy Commandant on 20.7.2000 and went further up the ladder when he earned promotion to the post of Commandant on 2.1.2006.

(2.) Aged 57 years and left with less than 2 years service, at a Screening Committee which met on 25.5.2009, with reference to the ACRs of the petitioner prepared up to 31.3.2008 and warnings or displeasures awarded up to 31.3.2009, the Screening Committee decided to put the name of the petitioner in a list of such officers whose further retention in service required to be considered in public interest or otherwise under Rule 56(j) of the Fundamental Rules and considering the matter further recommended that being unfit for continuance in service, petitioner be prematurely retired and this was followed by an order dated 16.3.2010 being passed by the Competent Authority intimating petitioner his being prematurely retired with effect from the forenoon of 18.3.2010.

(3.) The service record of the petitioner would reveal that except for a period or two when petitioner was graded Good , for the remainder of the career spanning 26 years, till he earned promotion to the post of Commandant on 2.1.2006, petitioner had been graded either Very Good or Outstanding , but all of a sudden there was a drop in performance inasmuch as the grading became Average with respect to the year 1.4.2006 till 31.3.2007 and onwards. In other words, for 3 successive years i.e. the year 1.4.2006 31.3.2007, 1.4.2007 31.3.2008 and 1.4.2008 31.3.2009 the petitioner was graded Average . Not only that. Petitioner had been awarded 1 warning and 1 IG s displeasure on 13.6.2007 and 14.6.2007 and we may note that after 25.5.2009 when the Screening Committee met and made the recommendation, thereafter petitioner was awarded 2 more displeasures on 9.6.2009 and 25.11.2009 as also a warning on 26.2.2010.