Court rules that omission of Rule 6(6) does not invalidate prior terminations; adoption of third child irrelevant.
In a significant judgment, the Chhattisgarh High Court Division Bench has upheld the termination of Bheem Singh Dhruv, a former Chowkidar, for breaching the two-child norm under Rule 6(6) of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961. The court ruled that the legality of administrative orders must be evaluated based on the law at the time they were issued, and subsequent omission of the rule does not retroactively nullify previous actions.
The case arose when Dhruv, appointed in 2007, was dismissed in 2017 due to having a third child in 2011, in violation of the two-child policy effective from 2001. Although Rule 6(6) was omitted in July 2017, the bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, emphasized that the omission did not apply retrospectively to actions taken when the rule was active.
The court rejected Dhruv's argument that the adoption of his third child should negate his disqualification, clarifying that the rule focused on the existence of more than two living children at the time of the violation. The bench also dismissed the relevance of a Supreme Court precedent cited by the Single Judge, asserting that it pertained to a different legal context.
Ultimately, the bench set aside the Single Judge's order for Dhruv's reinstatement, reinstating his termination as lawful under the then-prevailing rules. This decision underscores the principle that statutory changes do not usually have retroactive effects unless explicitly stated.
Bottom line:-
Termination of service due to violation of the two-child norm under Rule 6(6) of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 is valid if the rule was in force at the time of the termination order. Subsequent omission of the rule does not invalidate the action taken under the rule when it was in effect.
Statutory provision(s): Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 - Rule 6(6)
