Even if the adverse remarks/record were made in the past, it can be taken into account for determining the 'overall performance' of an employee. This view has been taken by the Supreme
Court of India (“Supreme Court”) in the case of Rajasthan State Road Transport Corp. & Ors. v. Babu Lal Jangir, decided
on 16th September, 2013. In this case, the pertinent question which
arose for consideration was – whether the adverse entries/record of an
employee, being not made in ‘immediate paste’, can be taken into consideration
for ordering a premature/compulsory retirement? Answering the question in
affirmative, the Supreme Court noted that while considering the premature
retirement of an employee, it is the entire service record which is taken into
consideration.
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Facts:
The
respondent, Babu Lal Jangir, joined
the services of the appellant, Rajasthan
State Road Transport Corporation (“Corporation”), on the post of driver. On the
recommendation of Screening Committee and Review Committee, an order was passed
against the respondent thereby ‘compulsory retiring’ him from the service. Against this order, respondent filed a writ petition before the High Court
of Judicature for Rajasthan (“High Court”). Through counter-affidavit, it was
submitted by the appellant (appellant before the Supreme Court, i.e.,
Corporation) that the service record of the respondent showed a dismal performance,
and hence, the order of compulsory retirement was justified. However, The single judge
of the High Court held the order of compulsory retirement arbitrary on the
ground that the impugned acts of misconduct, which showed dismal picture of
performance, pertained the period 12 years prior to the order of retirement. This
view of the single judge was upheld by the division bench of the High Court.
Hence, the matter came before the Supreme Court.
