SARDARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a LNk in the BSF was prematurely retired from service by order dt. 28.11.1988 under Rule 26 of the BSF rules. He questions this order on the ground that it was passed on mala fide considerations by respondent No. 2 who was not favourably disposed towards him and had developed prejudice against him for "filing a writ petition to question some order of punishment" imposed on him earlier.

(2.) Respondents' stand is that petitioner was retired from service because of his unsatisfactory performance and for being negligent and careless in the discharge of his duties. A Board of Officers had scrutinized his service record, which included his CR Dossier, etc. and found him unsuitable to be retained in service. It is explained that he had carried five punishments during his service which included 14 days rigorous imprisonment under Section 19(a), three days line confinement under Sec. 40 in 1973-74, was reprimand under Sec. 19(b) for over-staying the leave and then punishment under Section 22(e) for refusing to obey the Unit order.

(3.) Petitioner has filed a rejoinder highlighting that the three punishments imposed on him from 1973 to 1975 preceded his promotion to the rank of LNk in 1985 and thus could not be taken in regard to retire him from service. A reference is also made to a circular issued by the Home Ministry dt. 2.6.88 on the subject matter, which amongst other things, cautioned against retirement on the ground of unsuitability shortly after a person was allowed to cross the efficiency bar and was confirmed in service. On this basis, it is argued that the action against him was unjustified, unwarranted and illegal.