issued the impugned order effecting compulsory retirement of the applicant under FR 56(j)(i). The applicant submitted his representation to the Chairman of Board ... sustainable in the eye of law and as per provisions of FR 56(j) the respondents have failed to consider the entire service record
conclusion
that the decision to retire the applicant under
FR 56 (j) is not tenable in law and thus we quash
and set aside ... impugned
order dated 22.7.2016 compulsorily retiring the
applicant from service under FR 56 (j) is legally
sustainable."
7. In pursuance of letter dated
found his case fit for retirement under the FR 56 (j).
The Review Committee, constituted in terms of the aforesaid circular,
examined the report ... series) under Rule 56(j) of the
Fundamental Rules. The rule is reproduced below for the sake of
brevity.
" 56(j) Notwithstanding anything contained
Postal Services (MB), Delhi Circle, New Delhi, regarding compulsorily retirement under FR 56(j) on attaining the age of 55 years.
Order dated 08.02.2010 issued ... were reviewed, for their retention in service under the provisions of FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972, by the Circle
following orders:
Order/notice dated 6.11.2009, for compulsorily retirement under FR 56(j) on attaining the age of 55 years, issued by the Director Postal ... reviewed, for their retention in service/otherwise under the provisions of FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972, by the Circle
retired the applicant from service on
compulsory basis under Fundamental Rule (FR) 56 (j) and Rule
48 of CCS (Pension) Rules, 1972, before he attained ... there is no basis to
3
OA No. 1756/2020
invoke FR 56 (j) against him as the same can only be invoked
in cases
completed
50 years of age and therefore following the mandate of FR
56(j), his name was considered by the Screening
Committee. The said Committee ... find any material
to invoke the provision of FR 56 (j) in the case of applicant.
However, the applicant was compulsorily retired by
invoking
order vide
which his representation submitted against his compulsory
retirement under FR 56 (j) was rejected. Vide order dated
18.12.2024, the said Misc. Application ... governing the compulsory
retirement of a Government Servant as contained in FR 56 (j) as
well as the instructions on the subject issued
applicant was considered by a
three-member Representation Committee constituted under FR
56(j) and Rule 48 of the CCS (Pension) Rules, 1972. The
Committee ... 56(J), the relevant portion of which is reproduced below:-
"16. The provision of Fundamental Rule 56(j) reads as
under:
"FR 56
alia Rajendra Kumar Bothra is fit case for
compulsory retirement under FR 56 (j). The Committee noted three
charge sheets against the applicant issued ... Shri R.K. Bothara be compulsorily
retired in public interest under FR 56 (j). Notwithstanding the order of
the compulsory retirement, the departmental inquiries otherwise
