The Supreme Court has stayed the reinstatement of IAS officer Rinku Dhugga, who was compulsorily retired by the Union Government following the controversy surrounding the use of Delhi’s Thyagaraj Stadium for walking her dog.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice to Dhugga on the Centre’s challenge to a Delhi High Court judgment that had set aside her compulsory retirement. The Bench has, meanwhile, directed that her reinstatement remain stayed pending further consideration of the matter.
The dispute stems from the controversy involving Dhugga and her husband, also an IAS officer, allegedly having the Thyagaraj Stadium cleared to enable her to walk her dog. The episode had triggered considerable public criticism and subsequently figured in disciplinary proceedings against the officer.
Dhugga had initially approached the Central Administrative Tribunal (CAT) challenging the decision to compulsorily retire her. The Tribunal ordered her reinstatement. The Delhi High Court subsequently upheld that relief in its April 15 judgment.
While examining the matter, the High Court noted that the allegations against Dhugga included the stadium-related incident as well as unauthorised absence from duty. However, it found that the decision to compulsorily retire her could not be sustained after examining the material considered by the Review Committee.
The High Court particularly took note of Dhugga’s service record. It observed that she had not received adverse remarks in her Annual Performance Appraisal Reports (APARs) and that her performance assessments in the preceding years had been outstanding. She was also being considered for promotion.
The High Court consequently concluded that the material did not justify invoking compulsory retirement as a measure to remove an officer considered unsuitable for continued service. It noted that the power of compulsory retirement is ordinarily exercised to weed out “deadwood” from public service and found that the circumstances of Dhugga’s case did not satisfy that rationale.
The Union Government thereafter approached the Supreme Court challenging the High Court’s decision. During the hearing, the apex court not only issued notice to Dhugga but also stayed the operation of the reinstatement order as an interim measure.
The Supreme Court’s intervention means that Dhugga’s return to service will remain on hold while the Centre’s appeal is examined.
The case raises broader questions concerning the scope of executive discretion in ordering compulsory retirement of public servants, the relevance of an officer’s overall service record while exercising such power, and the extent to which isolated disciplinary incidents can justify premature retirement.
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