The High Court of Allahabad has set aside a 2019 order issued by the State Govt by which a deputy superintendent of police was 'compulsorily retired' from his post.
Ratan Kumar Yadav was removed from the post of DSP in pursuance of the recommendation of a screening committee stating that Yadav should be 'compulsory retired' in order to maintain the efficiency in the state police service.
While quashing the order, the HC also directed the State Govt to issue another order for petitioner's joining within 3 weeks.
Allowing the writ petition filed by Yadav, Justice Prakash Padia observed, "It is clear that the screening committee has not recorded any subjective satisfaction & in vague term has recorded the findings that the petitioner is fit for compulsory retirement & that too without considering individual cases of the government servant."
"The report further established that the service record has not at all been considered by the respondent while passing the order of compulsory retirement. The order dated November 7, 2019 directing for compulsory retirement further contains the detail of earlier punishment orders. Thus, this order (November 7) casts stigma & also amounts to double punishment," the Court said in its ruling passed last week.
As such, the state government's order is 'not sustainable, being contrary to law' & is hereby quashed, the court said.
The petitioner was appointed on the post of sub-inspector in the Uttar Pradesh Police. Later, he was promoted to the post of inspector & thereafter to the post of DSP.
The screening committee of the government had submitted its report on November 1, 2019, wherein it had recommended that the petitioner should not be continued in service in the public interest & therefore, he has to be compulsory retired.
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