Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law- Administrative Action- An abuse of Power- what is order based on non-existing fact |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Fundamental Rules - Rule 56 (i) (i) - Order of Compulsory retirement in 'public interest' - Nothing on record to justify the order - Order if should be set aside. Administrative Law - Administrative action - An abuse of power - What is - Order based on non-existing fact - Effect of. Words and Phrases - 'Malice in fact' and 'Malice in law' - Explained and distinguished. The appellant who was working as Joint Director, Family Planning in the Directorate-General of the All India Radio was prematurely retired from service. She made a representation, but it was rejected. In her writ petition under Art. 226 of the Constitution she alleged that she had a long and clean record of nearly three decades but that baseless allegations had been made against her, because of malicious vendetta of the then Chairman of the Central Board of Film Censors. She also alleged that the impugned order was arbitrary and capricious and that the retiring authority bad not applied its mind to the record of her case. |
Judge | Hon'ble Mr. Justice P.N. Shinghal |
Neutral Citation | 1978 INSC 219 |
Petitioner | Smt. S. R. Venkataraman |
Respondent | Union Of India & Anr. |
SCR | [1979] 2 S.C.R. 202 |
Judgement Date | 1978-11-02 |
Case Number | 2764 |
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