2 hrs ago
Supreme Court Sets Aside Compulsory Retirement, Orders Farewell Ceremony
The Supreme Court of India reviewed the forced retirement of officer SS Das.
The government had retired him even though he had several years of service remaining.
Officials said concerns about his integrity supported the decision.
The court examined his work records from 1994 to 2017.
Those records showed that he usually received very high ratings.
The court also found that an allegation against him had no supporting complaint or evidence.
Because Das had already reached the normal retirement age, he could not return to work.
Instead, the court ordered service benefits, compensation, and a farewell ceremony to restore his reputation.
The Supreme Court of India overturned SS Das’s compulsory retirement, calling it arbitrary, perverse and malice-driven.
Das was retired on 10 May 2018 under a rule permitting compulsory retirement in the public interest.
The court found his strong performance records contradicted the government’s characterization of him as “deadwood.”
It rejected a confidential allegation that Das sought favours from industry representatives as unsupported by evidence.
The court awarded Das Rs 9 lakh for reputational harm and Rs 6 lakh in costs, and ordered service benefits and a formal farewell.
- Who
- SS Das, an Indian Trade Service officer, and the Supreme Court of India.
- What
- The court set aside Das’s compulsory retirement and ordered compensation, service benefits, and a farewell ceremony.
- Where
- The case concerned proceedings before the Central Administrative Tribunal, the Delhi High Court, and the Supreme Court of India in New Delhi.
- When
- Das was compulsorily retired on 10 May 2018; the court issued its ruling on a Wednesday, with no exact date stated.
- Why
- The court found the retirement arbitrary and malice-driven, citing strong performance records, an unsupported allegation, and a procedural conflict.
Das and Supreme Court Findings
Government’s Defense of Retirement
Whether retirement was justified
Das and Supreme Court Findings
The Supreme Court found that Das’s strong service record contradicted the assessment that he was “deadwood” and described the decision as arbitrary and malice-driven.
Government’s Defense of Retirement
The government relied on a review committee that had raised concerns about Das’s integrity and conduct.
Confidential allegation
Das and Supreme Court Findings
The court said the 2017 note alleging that Das sought favours from industry representatives lacked a complaint or supporting evidence.
Government’s Defense of Retirement
The note was cited before the Central Administrative Tribunal and the Delhi High Court as part of the basis for upholding the retirement.
Review procedure
Das and Supreme Court Findings
The court identified a potential conflict because the official who signed the retirement order later served on the committee reviewing Das’s appeal.
Government’s Defense of Retirement
The government’s review process had rejected Das’s representation, and the lower courts had ruled in the government’s favour.
Key facts
- Officer
- SS Das, who joined the Indian Trade Service in 1989
- Position before retirement
- Additional Director General of Foreign Trade; he had been elevated to Joint Secretary in November 2017
- Retirement date
- 10 May 2018
- Compensation
- Rs 9 lakh for loss of reputation and Rs 6 lakh in costs
- Performance record
- Das was graded outstanding or scored at least 8 out of 10 in nearly every reporting year from 1994 to 2017
- Court-ordered remedy
- A farewell ceremony and all service benefits he would have received, including notional promotions granted to juniors
- Recovery option
- The government may recover the Rs 15 lakh award from officials responsible for abusing their official power
Sources
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