Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compulsory retirement Quashing of Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Compulsory retirement – Quashing of, when – Appellant selected and empanelled for appointment as a Member of ITAT by the Selection Committee – However, his appointment did not mature – Respondent withheld his appointment on various counts, however, tribunal and all superior courts directed the respondents forward the name of the appellant to the appropriate Authority for selection/appointment to the post of Member, ITAT – Respondents did not comply with the orders and in the meantime initiated disciplinary proceedings against the appellant which never reached to its logical conclusion – Instead, the appellant was compulsorily retired three months short of the date of his superannuation – Challenged to, however both the tribunal and the High Court dismissed the same – On appeal, held: Service record of the appellant is impeccable – Complaints made against him are either closed or has been settled, and this was well within the knowledge of the respondents – Nothing placed on record to show a sudden decline in the work conduct of the appellant so as to have compulsory retire him – It is not shown what transpired the respondents to resort to FR 56(j) and invoke public interest doctrine to compulsorily retire him with just three months left for his service – Order of retirement is punitive in nature and was passed to short circuit the disciplinary proceedings – It failed to satisfy the underlying test of serving the interest of the public – Thus, the order of compulsory set aside – Fundamental Rules – r. 56(j). |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2023 INSC 204 |
Petitioner | Captain Pramod Kumar Bajaj |
Respondent | Union Of India And Another |
SCR | [2023] 2 S.C.R. 30 |
Judgement Date | 2023-03-03 |
Case Number | 6161 |
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