S.S. Das Vs Union of India (Supreme Court of India)
Outstanding Yesterday, “Dead Wood” Today? FR 56(j) Cannot Be Used to Bury an Honest Officer Under Unverified Allegations
Facts of the case
The appellant joined the Indian Trade Service in 1989 and rose steadily through its ranks. He was promoted as Deputy Director General in 1994, Joint Director General in 2001, granted Selection Grade in 2006 and received further non-functional upgradation in 2011. He later served in the Directorate General of Anti-Dumping.
His service record was consistently rated “Outstanding” or “Very Good”. On 27.02.2018, he was regularly promoted to the Senior Administrative Grade at the level of Joint Secretary, with the approval of the Appointments Committee of the Cabinet.
Barely two months later, on 10.05.2018, the Government compulsorily retired him in purported exercise of power under Fundamental Rule 56(j) -almost five years before his normal date of superannuation.
The Review Committee referred to the officer’s allegedly obstructive handling of files, dealings with clients, doubts about his integrity and an old instance of insubordination. It also relied upon a confidential note alleging that representatives of domestic industries had complained about his conduct and that he had sought certain favours.
Neither any written complaint nor any supporting evidence was available. The officer had never faced disciplinary proceedings. Nevertheless, his representation was rejected, and the order of compulsory retirement was upheld by both the CAT and Delhi High Court.
