Polity and Governance

Compulsory Retirement under 56(j)

Introduction
•12 officers of IRS (Income Tax) and 15 officers of IRS(Customs & Indirect Taxes) were compulsorily retired by Government of India under Rule 56(j) recently 
 
Types of Retirements in Government
•Superannuation: Retirement after attaining the age of retirement
•Voluntary Retirement: When the official himself opt for retirement after 20 or 30 years. He gets full pension
•Compulsory Retirement [Under Section 56(j)]: Government force the official to retire against his will
•Retirement due to invalidity: Those who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service for pension. They may be granted invalid pension.
 
What is 56 (j) of Fundamental Rule
•“The Appropriate Authority shall, if it is in the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice:
•If he is in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years.
•In any other case, after he has attained the age of 55 years.
 
Pension benefit
•56 (j) (ii): In addition, as per Rule 48 of CCS(Pension) Rules, 1972, at any time after a Government servant has completed thirty years’ qualifying service, he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension provided that the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice.
 
Rule 16(3) (amended) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958
•The Central Government may, in consultation with the State Government concerned, require a Member of the Service to retire from Service in public interest, after giving such Member at least three month’s previous notice in writing or three month’s pay and allowances in lieu of such notice.
•Normally, the details and monitoring of disciplinary cases is to be done by the respective cadre authorities. The Central Government has also from time to time been stressing on the need to complete disciplinary cases expeditiously and monitoring the same.
 
Government of India’s view
•The officer would live by reputation built around him. in an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in service would be a menace to public service and injurious to public interest.
•Thus while considering integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account. 
•Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement.



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