Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Civil Services (Premature Retirement) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Civil Services (premature Retirement) Rules, 1975 (0 of 1975) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Civil Services (Premature Retirement) Rules, 1975; rr. 2(i), 3, 12.l & 13.9(2)-Sub Inspector of Police-Competent Authority to pass order of compulsory retirement-The Authority to make appointment Superintendent of Police.Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1975 C empowers the appropriate authority to retire an employee on the date on which he completes twenty five years of qualifying service, or attains fifty years of age or thereafter, in public interest by prior notice in writing of not less than three months. Rule 2(1) designates the officer having powers to make substantive appointments to the post as the 'appropriate authority'. Rule 12.1 categorises Superintendents of Police as the authority competent to make appointments to the non gazetted ranks of Sub-Inspectors and Assistant Sub lnspectors. Rule 13.9(2) empowers Deputy Inspector General of Police to make substantive promotions to the rank of Assistant Sub-Inspector in accordance with r. 13.1.The respondent who was working as Sub-Inspector of Police was compulsorily retired by an order dated 24th September, 1975 issued by the Senior Superintendent of Police. He was earlier suspended from service with effect from 5th September, 1974. A suit filed by him for a declaration that the said order was illegal, malafide, unconstitutional, and against the rules of natural justice was dismissed by the trial court holding that the impugned order was not vitiated by any malice or malafides, having been innocuously made in public interest, and decreed the suit in part for the arrears of salary for the suspension period. Both the State and the respondent preferred appeals.The appellate court allowing the respondent's appeal, held that the order of compulsory retirement was made by an officer who was below the rank of Inspector General of Police, the 'appointing authority' of the petitioner, and that the judgment and decree as regards the payment of balance of emoluments ' for the period of suspension after the reinstatement was legal and valid and dismissed the appeal filed by the State. |
Judge | Hon'ble Mr. Justice B.C. Ray |
Neutral Citation | 1986 INSC 263 |
Petitioner | State Of Punjab & Ors. |
Respondent | Manohar Lal |
SCR | [1987] 1 S.C.R. 503 |
Judgement Date | 1986-12-10 |
Case Number | 2416 |
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