UNION OF INDIA Vs. GURJINDER PAL SINGH

JUDGEMENT

(1.) The petitioner in the present petition has assailed the order dtd. 30/4/2024 passed by the learned Central Administrative Tribunal (the 'Tribunal') in O.A. NO. 2440/2023, vide which the order No. 30012/01/2016-IPS.II dtd. 20/7/2023, passed by the President in consultation with respondent No.2, thereby compulsory retiring respondent No.1 under Rule 16(3) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, has been set aside. A direction has also been issued to the petitioner and respondent No.2 to reinstate respondent No.1 with consequential benefits.

(2.) Respondent No.1 had joined the Indian Police Service (IPS) in Madhya Pradesh Cadre in 1994 and was reallocated to Chhattisgarh cadre of IPS. Vide letter dtd. 6/12/2021, the State Government of Chhattisgarhrespondent No.2, informed the petitioner that in terms of provisions of Rule 16(3) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, the record of 33 IPS officers of Chhattisgarh State were reviewed and the Review Committee did not find them fit to be retained in government service and recommended their retirement.

(3.) In pursuance of aforesaid recommendation proposal dtd. 6/12/2021, petitioner vide letter dtd. 29/12/2021 sought certain documents from respondent No.2, which were provided on 14/2/2022. While the proposal dtd. 6/12/2021 was under consideration, a proposal qua deemed resignation in respect of Myinthungo Tungoe, IPS came up for consideration and thus, his name for retirement in public interest was not considered. Mr. Mukesh Gupta, IPS had already superannuated on 30/9/2022 and thus, vide letter dtd. 9/11/2022 a fresh proposal was sought from respondent No.2.