Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | service law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Fundamental Rules : F.R. 56(j}-Compulsory retirement- Posts and Telegraphs Department-Assistant Engineer-Service record-Review of-Standard of work declined and not satisfactory for last two years- No adverse remarks for previous years-Order of compulsory retirement passed on recommendation of high power committee -Validity of: whether courts should interfere with. The case of the respondent, an Assistant Engineer in Posts and Telegraphs Department, was considered for compulsory retirement under Fundamental Rule 56(j). There were adverse remarks for the financial years 1970-71 and 1971-72 showing that respondent's standard of work had declined and was not satisfactory. There was no material adverse to the respondent up to the year 1969-70. On the recommendation of a high power committee, he was compulsorily retired from service in February, 1973. Respondent's writ petition challenging his compulsory retirement was dismissed by the High Court; but the Division Bench of the High Court allowed his appeal holding that the order of retirement was not found on any relevant material and was arbitrary and capricious. The Union of India filed the appeal by special leave to this Court. |
Judge | Hon'ble Mr. Justice S. Ranganathan |
Neutral Citation | 1992 INSC 90 |
Petitioner | Posts And Telegraph Board And Ors. |
Respondent | C. S. N. Murthy |
SCR | [1992] 2 S.C.R. 338 |
Judgement Date | 1992-03-26 |
Case Number | 1299 |
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