Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan General Clauses Act 1955 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | State Service - Order of compulsory retirement - Power of Inspector - General of Police - Order if amounts to punishment - If must be submitted to Governor - Constitution of India, Arts. 166, 311 - Rajasthan Service Rules, rr. 56, 244 (2) - Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, rr. 14, 34 - Rules of Businesses, rr. 21, 31 (vii) - Rajasthan General Clauses Act, 1955 (VIII of 1955), ss. 32(33), 32(75). The respondent in the present appeal was a Circle Inspector in the Rajasthan State Service. He was compulsorily retired from service and the order was communicated to him by the luspcctor·Gencral of Police. Thereafter he filed a writ petition in the Rajasthan High Court challenging the order. The High Court allowed the writ petition on the ground that r. 31 (vii) (a) of the Rules of Business applied to a case of compulsory retirement under r. 244(2) of the Rajasthan Service Rules and as the papers had not been submitted to the Governor the order of compulsory retirement in the present case was bad. The State of Rajaathan appealed to this Court by way of special leave. The main question before this Court was whether a case of compulsory retirement under r. '244(2) of the Service Rules has to be submitted to the Governor under r. 31 (vii) (a) of the Rules of Business. It was further contended on behalf of the respondent that r. 244(2) of the Service Rules contemplated an order of compulsory retirement by the Government and not by the Inspector-General of Police as was done in the present case. The respondent also contended that since the order was not in the form prescribed by Art. 166 of the Constitution it was bad. His last contention was that by reason of s. 32(75) of the Rajasthan General Clauses Act, 1955, an order under r. 244(2) of the Service Rules means an order by the Governor. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1963 INSC 13 |
Petitioner | State Of Rajasthan And Anr |
Respondent | Sripal Jain |
SCR | [1964] 1 S.C.R. 742 |
Judgement Date | 1963-01-24 |
Case Number | 299 |
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