Delhi High Court reinstates NDMC engineer after scrapping his compulsory retirement, stressing the need to review full career history.
In a key ruling, the Delhi High Court has overturned the forced retirement of Suraj Prakash, an engineer with the North Delhi Municipal Corporation (NDMC). The court made it clear that decisions like this must look at an officer’s complete service record, giving more weight to recent performance than to old disciplinary actions.
Justices Navin Chawla and Madhu Jain pointed out, “Before passing an order of compulsory retirement, the entire service record of the officer has to be taken into consideration, including the grading in the ACRs. The performance of the officer in the later years is of greater relevance than reliance on old and historical punishments.”
The court struck down the NDMC’s 2019 order that retired Prakash against his will. It ordered his immediate reinstatement, along with all related service benefits—but not pay for the time he spent out of work.
This comes after the Central Administrative Tribunal (CAT) backed the retirement in June 2021. But the high court disagreed, noting that while Prakash faced a major penalty in 2000 and a censure in 2005, his record improved dramatically afterward. From 2005 to 2019, he had no major issues, and a 2015 departmental probe ended with him cleared of charges.
His Annual Confidential Reports (ACRs) consistently rated his integrity as “Beyond Doubt” and his performance as “Outstanding” or “Very Good.” The court criticized the screening committee for ignoring these positives, including his promotions and a second financial upgradation under the Modified Assured Career Progression (MACP) scheme.
“The proforma that has been placed on record before us does not reflect any application of mind to the above factors,” the bench said. It added that the committee’s recommendations weren’t even documented properly.
Drawing from a July 2019 government circular, the justices warned that compulsory retirement shouldn’t serve as a quick fix to skip disciplinary processes or act as punishment. “Once the ACRs continuously record the integrity of the officer as ‘Beyond Doubt’ and grade him as ‘Outstanding’ or ‘Very Good’, the order of compulsory retirement, if based on events that occurred much prior to the decision, may stand vitiated.”
The NDMC now has four weeks to issue reinstatement orders and let Prakash return to his duties. This decision highlights how courts are pushing for fair reviews in government service cases, ensuring past mistakes don’t overshadow strong recent track records.
Stay informed on all the latest news, real-time breaking news updates, and follow all the important headlines in world News on Latest NewsX. Follow us on social media Facebook, Twitter(X), Gettr and subscribe our Youtube Channel.
