MANAS KUMAR BEHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was working as Head Constable under the Central Industrial Security Force (in short hereinafter referred to as CISF), has filed this application seeking to quash the order of compulsory retirement passed by opposite party no.5-Senior Commandant, CISF Unit, Rourkela Steel Plant, Rourkela dated 13.05.2008 vide Annexure-1 and allow him to continue as Head Constable under the said organization as before.

(2.) The factual matrix of the case in hand is that the petitioner's date of birth being 27.02.54, he was appointed as Constable under CISF on 15.08.1972 by following due procedure of selection. Thereafter, he was promoted to the post of Head Constable on 19.05.2005 and is a member of "Force" within the meaning of Section 2 (9)(b) of the Central Industrial Security Force Act, 1968 (Hereinafter referred to as 1968 Act).

(3.) Mr. D.R. Pattnayak, learned counsel for the petitioner strenuously urged that the order impugned under Annexure-1 dated 23.05.2008 compulsorily retiring the petitioner from his service was not passed following a disciplinary proceeding initiated against him but on completion of 30 years of service following a review. It is stated that the petitioner's date of birth being 27.02.1954 he would have superannuated from service on attaining the age of retirement on 28.02.2014. While he was in service a review committee was held on 23.05.2008 after the petitioner completed 30 years of service and the order of compulsory retirement was passed. It is stated that such order was passed without application of mind. The petitioner completed 30 years of service on 15.08.2002. After completion of 30 years of service, the petitioner was allowed to continue in his service. Thereafter he was promoted to the post of Head Constable on 19.05.2005. Review Committee was held on 23.05.2008 and the impugned order was issued by opposite party no.5-Senior Commandant, CISF Unit, RSP, Rourkela under Rule-48(1)(b) of the Zdirecting the petitioner for compulsory retirement, which is contrary to the provisions of law.