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2024 (1) TMI 955 - HC - Indian LawsCompulsory / premature retirement - Doubting integrity and expressing discontent about the functioning of the Petitioner - Approval of the ACC is a precondition to invoke FR 56 (j) against the officers of SAG or not - correctness of action taken by the respondent compulsorily retiring the petitioner on May 10, 2018 by invoking FR 56 (j) - The petitioner became the Director in the Directorate General of Anti-Dumping (‘DGAD’, for short) in the year 2014. He was posted as Regional Joint DGFT, Guwahati and Shillong in the year 2017. Thereafter, he was put in the Senior Administrative Grade (‘SAG’, for short) of ITS, at the level of Joint Secretary, on November 16, 2017 and was promoted on regular basis to SAG on February 27, 2018. HELD THAT:- The Second Review Committee was of the view that in a few APARs of the petitioner, there were remarks which cast doubts on the integrity of the petitioner. Reference was also made, specifically, to the APAR of 2014-2015, which recorded in the integrity column of the petitioner, that “there is a room for improvement”. Suffice to state, this remark was also disclosed to the petitioner, however, no representation was submitted against the same. The petitioner herein has been given fair opportunity to file his representation against the order of compulsory retirement. Moreover, the First Review Committee, the Representation Committee as well as the Second Review Committee have gone through the entire service record of the petitioner. In fact, when the representation dated June 1, 2018, was in depth examined by the respondent, it remanded the case of the petitioner back to the review committee for a fresh consideration and only thereafter, the Second Review Committee, came to the conclusion that the service of the petitioner, was no more required. The aforesaid judgments relied upon by petitioner shall have no applicability in the facts of the present case and as such, not help the case of the petitioner. There are no merit in the present petition. The impugned order of the Tribunal does not require any interference. The writ petition is dismissed.
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