Madhya Pradesh High Court
Bhagat Singh Parsaiya vs Madhya Pradesh Madhya Kshetra Vidyut ... on 13 June, 2022
Author: Maninder S Bhatti
Bench: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S BHATTI
ON THE 13th OF JUNE, 2022
WRIT PETITION No. 9895 of 2010
Between:-
BHAGAT SINGH PARSAIYA S/O RAM PRASAD
PARSAIYA , AGED ABOUT 49 YEARS, DWARKA
NAGAR, BADORA CHOWK, BETUL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AJEET KUMAR SINGH, ADVOCATE)
AND
1. MADHYA PRADESH MADHYA KSHETRA
VIDYUT VITRAN COM. TH.MANAGING
DIRECTOR CHAMBAL GOVINDPURA (MADHYA
PRADESH)
2. MUKHYA MAHAPRABANDHAK OCCUPATION:
M.P. VIDYUT VITRAN COMP. LTD.
GOVINDPURA BHOPAL BHOPAL (MADHYA
PRADESH)
3. UP MAHA PRABANDHAK OCCUPATION: M.P.
VIDYUT KSHETRA VITRAN COMP. LTD. BETUL
UTTAR JILA BETUL BETUL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANOOP NAIR, ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The parties are at consensus that the present writ petition as well as W.P. No. 1848/2011 since are identical can be decided by the common order. Thus, Signature Not Verified SAN the present order will also govern the disposal of W.P. No. 1848/2011.
Digitally signed by NAVEEN NAGDEVE Date: 2022.06.15 11:14:53 ISTThe facts reveal that present petitioner who was working with the 2 respondent as Paricharak (Class I) Line, retired compulsorily vide impugned order dated 5/06/2010 in purported exercise of powers conferred under Rule 42 of the M.P. Civil Services (Pension) Rules, 1976.
Counsel for the petitioner submits that in the present case there is no evaluation of entire service record of the petitioner nor ACRs of last five years have been taken into consideration and while placing reliance on decision of co- ordinate bench of this Court in W.P. No. 14505/2012 dated 21/08/2018 submits that on identical set of facts, the coordinate bench has set aside the order of compulsory retirement and the petitioner in that case was directed to be reinstated back in service. The counsel further submits that challenging the aforesaid order in W.P. No. 14505/2012 a writ appeal was also filed before the Division Bench of this Court. The said appeal has also been dismissed vide order dated 5/11/2019 thus, prays that since in the present case no evaluation of the entire service record, the order of compulsory retirement be set aside.
Per contra, learned counsel for the respondents while taking this Court to the minutes of scrutiny committee submitted that the punishment imposed upon the petitioner in past were taken into consideration and while taking into consideration the conduct of the petitioner, the employer rightly came to a conclusion that the petitioner was dead-wood and therefore, rightly retired compulsorily. Counsel for the respondents places reliance on decision of Division Bench of this Court in the case of State of M.P. and others Vs. M.S. Wakankar and another, 2007 (1) JLJ 363 and submits that even if the compulsory retirement is not found to be in-conformity with the law laid down, Signature Not Verified the respondents be extended liberty to scrutinize the case of the petitioner SAN Digitally signed by NAVEEN NAGDEVE afresh while taking into consideration the entire service record of the petitioner.
Date: 2022.06.15 11:14:53 ISTHaving heard the counsel for the parties and perusing the record the issue 3 which needs to be adjudicated as to whether in absence of evaluation of complete service records, more particularly, the performance of the employee concerned in last 5 years can there be an order of compulsory retirement?
In the present case if the scrutiny committee report is perused the same would reveal that there is apparently non-consideration of the entire service record. The grading from 2005 till 2009 are only mentioned in the minutes of the meeting of scrutiny committee however, there is absence of consideration of the entire service record and there is further absence of evaluation of ACR of last 5 years.
The law pertaining to compulsory retirement is no more res-integra as the Apex Court in the case of Baikunthnath Das Vs. Chief District Medical Officer, Baripada, AIR 1992 SC 1020 in paragraph 32 has already laid down that an order of compulsory retirement can be gone into when the same smacks of malafide or the same is based on no evidence or the same is arbitrary in the sense that no reasonable person would form the requisite opinion on the given material. The Apex Court again in the case of State of Gujarat Vs. Umedbhai M. Patel, (2001) 3 SCC 314 has reiterated the same view and thus if the present impugned order is tested on the anvil of aforesaid decision it would reveal that the minutes of scrutiny committee are silent about the scrutiny of entire service record of the petitioner.
Apparently it is a case of no evidence and it is a case where the decision so arrived at is not supported with the adequate material therefore, the impugned order is arbitrary inasmuch as on the basis of given material no Signature Not Verified SAN reasonable person would form an opinion as regards the passing of an order of Digitally signed by NAVEEN NAGDEVE Date: 2022.06.15 11:14:53 IST compulsory retirement. Thus, in view of above, since there is no evaluation of 4 entire service record of the petitioner and the scrutiny committee since did not take into consideration the entire service record and there is no analysis of the complete service record of the petitioner and his performance during the entire years of service, the order impugned is not sustainable.
Accordingly, the impugned order dated 5/06/2010 (Annexure P-5) is quashed. The petitioner is directed to be reinstated in service alongwith all consequential benefits. However, the respondents are at liberty to proceed afresh and consider the entire service record of the petitioner and other parameters and to take a decision without being influenced by this order.
The writ petition stands allowed to the extent as indicated herein above.
(MANINDER S BHATTI) JUDGE navin Signature Not Verified SAN Digitally signed by NAVEEN NAGDEVE Date: 2022.06.15 11:14:53 IST