Tuesday, November 19, 2013

Retrospective Dismissal is illegal

why retrospective dismissal is illegal?

In Laisram Tombi Singh, Imphal v. Laisram Gopal Singh, Imphal, AIR 1963 Manipur 28, the petitioner was dismissed from service w.e.f. the date he was suspended. The dismissal was challenged by the petitioner. Dealing with the contention, Supreme Court, inter alia, held as under:-
"The ordinary rule is that any order including an order of dismissal can take effect only from the date of the order. If it is to have retrospective effect there must be some provision in the statute or in the rules on which the order was based, permitting retrospective effect to be given to the order. The Central Civil Services Rules, 1957 which are framed under Article 309 of the Constitution to regulate the conditions of service of Government servants provide for various penalties including dismissal. There is nothing in the said rules, which would permit the disciplinary authority to dismiss a person from Government service with retrospective effect.
An order of dismissal with retrospective effect from the date of suspension amounts even to a decision by the disciplinary authority that the Government servant is not entitled even to the subsistence allowance to which he has a right under F.R. 53. The disciplinary authority is bound by the provisions of F.R. 53 and he cannot make any order which will be against the said provision."
In Sudhir Ranjan Halder v. State of West Bengal AIR 1961 Calcutta 626, a Division Bench of Calcutta High Court took the view that suspension, dismissal or removal from service with retrospective effect is illegal and invalid

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