UNION OF INDIA Vs. R C MISHRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks quashing of the judgment and order dated 31.5.2000 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, whereby the compulsory retirement of the respondent Dr. R.C. Mishra has been set aside by the Tribunal with all consequential benefits.

(2.) The respondent Dr. R. C. Mishra who was the applicant before the Tribunal entered the railway service as Assistant Surgeon Grade-I on Danapur Division of Eastern Railway. Subsequently he was promoted to the post of Assistant Divisional Medical Officer w.e.f. 1.1.1973 and by order dated 29.8.1988 he came to be retired by the Government of India, Ministry of Railways in purported exercise of power under Rule 2046 (h) of the Indian Railway Establishment Manual Volume-II. The said order of compulsory retirement was the subject-matter of impugned judgment before this Hon'ble Court.

(3.) We have had heard Sri A. K. Gaur for the petitioner and Sri Somesh Khare who appeared for the Caveator respondent Dr. R. C. Mishra. It has been submitted by Sri A. K. Gaur that the relevant service rule confers 'absolute right' in the appointing authority to retire a railway servant by giving him/her a notice of not less than three months or three months pay and allowances in lieu of such notice if such railway servant has completed the prescribed length of service and the appointing authority is of the opinion that "it is in the public interest" to retire such railway servant. The grant of power, it has been submitted by Sri Gaur, is subjectively formulated and, therefore, formation of the requisite opinion that 'it is in public interest' to retire a railway servant is not open to judicial scrutiny. The Tribunal, it has been submitted by Sri Gaur was not justified in setting aside the order of compulsory retirement of the respondent Dr. R. C. Mishra.