Full Judgment Text
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PETITIONER:
D. RAMASWAMI
Vs.
RESPONDENT:
STATE OF TAMIL NADU
DATE OF JUDGMENT28/01/1982
BENCH:
REDDY, O. CHINNAPPA (J)
BENCH:
REDDY, O. CHINNAPPA (J)
SEN, A.P. (J)
CITATION:
1982 AIR 793 1982 SCR (3) 75
1982 SCC (1) 510 1982 SCALE (1)92
CITATOR INFO :
R 1984 SC 630 (4,8)
ACT:
Service matter-Fundamental Rule 56 (d)-Government
Servant earned quick promotions solely on merit one adverse
entry in confidential file-Exonerated after full enquiry-
Promoted to selection post-No adverse entry since the
Compulsorily retired under P. R. 56 (d) within a few months
thereafter-validity of.
Starting as a Lower Division Clerk in 1953, by quick
successive promotions the appellant rose to the prestigious
position of a member of the Sales Tax Appellate Tribunal in
less than 25 years of service. His service book showed that
he had an excellent record of service, earned several
encomiums, commendations and appreciations. But a solitary
entry made in 1969 in his confidential file stated that his
reputation was "not at all good" in that he was in the habit
of threatening dealers and taking money from them. An
enquiry was conducted by tho Directorate of Vigilance and
Anti-Corruption. After framing charges and obtaining his
explanation the full Board of Revenue reported that the
charges "could not be pursued and proved" and suggested that
"the charges be dropped". In November 1974 the Government
dropped the charges. A few months later in May 1975 he was
promoted to the selection post of Deputy Commissioner of
Commercial Taxes and posted as Member of the Sales Tax
Appellate Tribunal. Immediately thereafter in September
1975, invoking P. R. 56 (d), he was compulsorily retired
from service;
Allowing the appeal to this Court,
HEADNOTE:
HELD: In the face of the appellant’s promotion a few
months before his compulsory retirement under F. R. 56 (d)
and nothing even mildly suggestive of ineptitude or
inefficiency after his promotion, it is impossible to
sustain the order of the Government retiring him from
service. [79 G]
When the Government exonerated him of the charges
levelled against him, the basis of the adverse entry in his
confidential file was knocked out. By reason of the
promotion of the selection post of Deputy Commissioner and
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posting as a Member of the Sales Tax Appellate Tribunal, the
effect of the entry was further blotted out. Since then,
there was no adverse entry in his service record to
discredit him or hinting even remotely that he had outlived
his utility as a Government servant. Had there been another
adverse entry after his promotion it would have been
possible to read them all in conjunction and say that it was
time for him to quit Government service. But that was not
so. It was therefore odd that he was retired a few months
after his promotion. [79 A-C]
76
All this is not to say that previous history of a
Government servant should be completely ignored once he is
promoted. Sometimes past events might help to assess the
present conduct, but when there was nothing in the present
conduct casting any doubt on the wisdom of the promotion
there was no justification for needless digging into the
past. [80 A-B]
Swami Saran Saksena v. State of U.P., [1980] I SCR 923;
Baldev Raj Chadha v. Union of India & Ors., [1981] I SCR
430; State of Punjab v. Dewan Chuni Lal, [1970] 3 SCR 694;
and Union of India etc. v. M. E. Reddy & Anr., [1980] 1 SCR
736; referred to.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3436 of
1979.
From the Judgment and order dated the 19th April, 1978
of the Madras High Court in Writ Appeal No. 224178.
M.K. Ramamurthi, and C.S. Vaidyanathan for the
Appellant.
Dr. Y.S. Chitale and A.V. Rangam for the Respondents.
The Judgment of the Court was delivered by
CHINNAPPA REDDY, J. An order of pre-mature retirement
following close upon the heels of promotion and appointment
to a coveted Selection post is bound to perplex any right
thinking man and make him wonder whether the right hand
knows what the left hand has done. If in the month of May a
Government servant is found to possess ’such high merit and
ability, which naturally includes integrity, as to entitle
him not merely to be promoted to a selection post but to be
appointed to a very responsible and much desired post in
that cadre, what could have happened between May and
September to merit his being weeded out altogether from
service in September under the rule which enables the
Government to retire a Government servant in the public
interest after he has attained the age of SO years or after
he has completed 25 years of qualifying service. One would
expect that some grave and grim situation had developed in
the interregnum to warrant the pursuit of such a drastic
course. But surprisingly, we found nothing what. soever had
happened in this case during that period. Let us look at the
totality of the facts.
77
The appellant appears to have had quite a noteworthy
career. A Starting at the lowest rung as a Lower Division
Clerk in 1953, he was promoted as an Assistant Commercial
Tax officer in 1954, next as a Deputy Commercial Tax officer
in 1957, then as a Joint Commercial Tax officer in 1962,
thereafter as a Commercial Tax officer in 1966, later as an
Assistant Commissioner of Commercial Taxes in 1972 and
finally as Deputy Commissioner of Commercial Taxes on 7-S-
1975. On promotion as Deputy Commissioner of Commercial
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Taxes he was posted as Member of the Sales Tax Appellate
Tribunal in the same cadre. On September 28,1975, he was
retired under Fundamental Rule 56(d). His Service Book shows
that he had an excellent record of service. He had earned
several encomiums, commendations and appreciations. The
several promotions gained by him react his good record of
service. But there was one dark spot. In 1969 when he was
working as Commercial Tax officer it was noted in his
Confidential file by the Deputy Commissioner of Commercial
Taxes as follows:
"This Commercial Tax officer is a very intelligent
and capable officer who kept the entire district under
his control in perfect discipline. Unfortunately, his
reputation is not at all good. There were complaints
that he used to threaten dealers and take money. The
entire matter is under investigation by the Vigilance
and Anti-Corruption Department".
There was an enquiry by the Directorate of Vigilance
and Anti Corruption. Charges were framed against the
appellant by the Board of Revenue. The explanation of the
appellant was obtained. The Full Board of Revenue then
reported that the charges should be dropped. The Government
accepted the report of the Full Board and dropped the
charges making the following order on 29-11-1974:
"As the preliminary enquiry disclosed a prima
facie case of corruption, a detailed enquiry was taken
up by the Directorate of Vigilance and Anti-Corruption.
Out of eleven allegations levelled against Thiru D.
Ramaswami, seven allegations were not substantiated, in
the enquiry made by the Directorate of Vigilance and
Anti-Corruption. The Government, examined the report of
the Directorate
78
and considered that there was a prima facie case in
respect of certain allegations and this was sufficient
to proceed against Thiru D. Ramaswami. The Board of
Revenue (CT) was therefore requested to frame charges
straightaway as for a major penalty against Thiru D.
Ramaswami on the basis of allegations levelled against
him. The Board accordingly framed charges against him
in respect of allegations substantiated, obtained his
explanation and sent its report thereon. The Full Board
considered that all the charges framed against Thiru D.
Ramaswami in consequence of the detailed enquiry
conducted by the Vigilance Department cannot be pursued
and proved. The Full Board has therefore expressed the
view that the said charges may be dropped. The
Government accept the views of the Full Board and
direct that all the charges framed against Thiru D.
Ramaswami be dropped".
The effect of the order of November 29, 1974 of the
Government was to grant absolution to the appellant from the
repercussions of, the note of the Deputy Commissioner of
Commercial Taxes, made in 1969. If there was any ambiguity
about the effect of the Government order, it was cleared by
the circumstance that, within a few months, on May 7, 1975,
he was promoted as Deputy Commissioner of Commercial Taxes
and posted as Member, Sales Tax Appellate Tribunal, a
prestigious post. It has to be mentioned here that the post
of a Deputy Commissioner of Commercial Taxes is a Selection
post. Under Rule 36(b) (i) of the Tamil Nadu Genera! Rules
for the State and Subordinate Services:
"Promotions in a service or class to a selection
category or to a selection grade shall be made on
grounds of merit and ability, seniority being
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considered only where merit and ability are
approximately equal".
Under Rule 2(b) of the Tamil Nadu Special Rules for
Commercial Taxes Service:
"All promotions shall be made on grounds of merit
and ability, seniority being considered only where
merit and ability are approximately equal".
So, what do we have ? There was an adverse entry in the
confidential file of the appellant in 1969. The basis of the
entry
79
was knocked out by the order dated November 29, 1974 of the
A Government, and the effect of the entry was blotted out by
the promotion of the appellant as Deputy Commissioner. After
his promotion as Deputy Commissioner there was no entry in
the service Book to his discredit or hinting even remotely
that he had outlived his utility as a Govt. servant. If
there was some entry, not wholly favourable to the appellant
after his promotion, one might hark back to similar or like
entries in the past, read them all in conjunction and
conclude that the time had arrived for the Government
servant to quit Government service. But, with nothing of the
sort, it is indeed odd to retire a Government servant a few
months after promoting him to a Selection post. In the
present case, we made a vain search in Service record of the
appellant to find something adverse to the appellant apart
from the 1969 entry. All that we could find was some stray
mildly deprecating entries such as the one in 1964 which
said:
"He is sincere and hardworking. He ’manages his
office very well. He exercises adequate control over
subordinates. He maintains a cordial relationship with
public.
Because of his stiff attitude some of the
assessees complain about him stating that he is rude in
his behaviour This perhaps is due to his unbending
attitude. With a little more tact he will be an asset
to the Department".
one curious feature of the case is that while the 1969
entry noted that an enquiry was pending with the Vigilance
and Anti-Corruption Department in regard to the allegations
against. the appellant, the ultimate result of the enquiry
which was that the charges should be dropped was nowhere
noted in the personal file of the appellant. One wonders
whether the failure to note the result of the enquiry in the
personal file led to the impugned order !
In the face of the promotion of the appellant just a
few months earlier and nothing even mildly suggestive of
ineptitude or inefficiency thereafter, it is impossible to
sustain the order of the Government retiring the appellant
from service. The learned Counsel for the State of Tamil
Nadu argued that the Government was entitled to take into
consideration the entire history of the appellant including
that part of it which was prior to his promotion,
80
We do not say that the previous history of a Government
servant should be completely ignored, once he is promoted.
Sometimes, past events may help to assess present conduct.
But when there is nothing in the present conduct casting any
doubt on the wisdom of the promotion, we see no
justification for needless digging into the past.
The learned Counsel for the appellant relied on the
decisions in Swami Saran Saksena v. State of U.P, (1) Baldev
Raj Chadha v. Union of India & Ors (2) State of Punjab v.
Dewan Chuni Lal, (3) while the learned counsel for
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respondent relied on the decision in Union of India etc. v.
M.E. Reddy & Anr. (4) All the decisions have a been
considered by us in reaching our conclusion. The appeal is
allowed. G. O. Ms. No. 1112 dated September 19, 1975,
Commercial Taxes Religious Endowments Department, Government
of Tamil Nadu is quashed. The appellant will be reinstated
in service and paid the arrears of salary due to him under
the rules. He is entitled to his costs.
P.B.R. Appeal allowed.
81