Case Note & Summary
The case involved the compulsory retirement of Shri Chander Mohan Trikha, a Scientist B at the Terminal Ballistics Research Laboratory, Chandigarh, based on a recommendation from the Review Committee. The respondent was compulsorily retired by an order dated 16/5/1991, which he challenged before the Central Administrative Tribunal (CAT), but his application was dismissed on 1/4/1999. Subsequently, he filed a writ petition in the High Court, which set aside the CAT's order and the retirement order, claiming that the Review Committee had not considered his entire service record. The Supreme Court examined the High Court's reasoning and found that there was no allegation in the writ petition regarding the Review Committee's failure to consider the entire service record. The Court noted that the Review Committee, consisting of senior bureaucrats, had indeed reviewed the complete service record, including adverse remarks from the Annual Confidential Report (ACR) of 1989. The Supreme Court emphasized that the High Court's finding was based on a contention not raised in the writ petition and that the High Court had exceeded its jurisdiction by conducting a roving enquiry. Consequently, the Supreme Court set aside the High Court's order and allowed the appeal, ruling that the High Court's decision was not sustainable in law.
Headnote
A) Administrative Law - Compulsory Retirement - Judicial Review - High Court's finding on Review Committee's consideration of service record - The High Court set aside the order of compulsory retirement on the ground that the Review Committee did not consider the entire service record, which was not pleaded in the writ petition. The Supreme Court held that the High Court's finding was incorrect as the Review Committee had indeed perused the entire service record, and the High Court was not justified in making a roving enquiry (Paras 2-4).
Issue of Consideration
Whether the High Court was justified in setting aside the order of compulsory retirement based on the Review Committee's consideration of the service record.
Final Decision
The Supreme Court set aside the High Court's order, ruling that the Review Committee had considered the entire service record and that the High Court's findings were not justified. The appeal was allowed with no costs.
Law Points
- Judicial review
- Compulsory retirement
- Natural justice
- Review Committee
- Service record consideration
