VIGILANCE MANUAL VOLUME III - AP Online

590 DECISION - 279
(B) Increments — stoppage at efficiency bar
Stoppage of increments at the efficiency bar on
ground of unfitness or otherwise after retirement
should be made only after observing rules of natural
justice, after hearing the person.
O.P. Gupta vs. Union of India,
1987(5) SLR SC 288
This appeal by special leave was directed against the
judgment and order of the High Court of Delhi dated 24-7-85. The
appellant, an Assistant Engineer in the Central Public Works
Department, was placed under suspension pending a departmental
inquiry under rule 12(2) of the Central Civil Services (CCA) Rules, on
3-9-59. After a period of nearly five years, the departmental
proceedings culminated in an order of dismissal from service dated
12-3-64 but on appeal it was set aside by the President of India by
order dated 4-10-66 with a direction for the holding of a fresh
departmental inquiry. On repeated representations of the appellant,
the order of suspension was revoked on 25-5-70. There was little or
no progress in the departmental inquiry. On 25-4-72, the Chief
Engineer passed an order of compulsory retirement of the appellant
under F.R. 56(j). The appellant made representation to various
authorities, including the President of India, against his compulsory
retirement but the same was rejected.
Eventually on 29-7-72, he filed a petition in the High Court
challenging, among other things, the validity of the order of compulsory
retirement. The High Court by judgment and order dated 5-1-81
quashed the order of compulsory retirement and ordered that he
shall be deemed to have continued in service till 31-3-78, the date
when he attained the normal age of superannuation and held that
the suspension was not justified and the period of suspension must
be regarded as period spent on duty and he was entitled to full pay
and allowances and the increments for that period and quashed the