Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Judicial Service - Entitlement to continuation! extension of service beyond the age of 58 years - Manner of determination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Judicial Service - Entitlement to continuation/extension of service beyond the age of 58 years - Manner of determination - Bihar Superior Judicial Service - Denial of extension to respondent-Judicial Officer beyond the age of 58 years - If justified - Held: The entitlement to continuation/extension of service of a judicial officer beyond the age of 58 has to be determined on the basis of the service record of the particular officer under consideration and not on a comparative assessment with the record of other officers - Even if the ACRs of another officer were decidedly inferior to those of the respondent, the same, at best, may have relevance to the grant of extension to such officer without conferring any right or entitlement to the respondent for a similar extension - In the present case, though there were adverse remarks/comments dated 15.12.1995 against the respondent, but the same were not acted upon and moreover, the subsequent ACRs of respondent were sufficiently positive and depicted him as an efficient Judicial Officer with good reputation for honesty and impartiality - Also, promotion to the highest level in the District judiciary as well as selection grade in the said cadre was granted to the respondent - The said promotions had the effect of wiping out the adverse remark dated 15.12.1995 - The High Court, on the administrative side, therefore, was not justified in refusing to continue with the service of the respondent beyond the age of 58 years - However, a period of nearly 14 years has elapsed in the meantime and it will be highly inequitable to request the High Court to redo the exercise at this belated stage - Besides such a course of action will also be unnecessary - Respondent to be treated to have retired from service on completion of 60 years of age and all consequential benefits, including pay and pension on that basis, directed to be made available to him forthwith and without any delay. Service Law - Judicial Service - Potential for continued C useful service of Judicial Officer beyond the age of 58 years - Evaluation and assessment - Judicial Review - Scope - Held: Evaluation of service record of a judicial officer for the purpose of formation of an opinion as to his/her potential for continued useful service is required to be made by the High Court which means the Full Court on the administrative side - The ultimate decision is always preceded by an elaborate consideration of the matter by Hon'ble Judges of the High Court who are familiar with the qualities and attributes of the judicial officer under consideration - The very process by which the decision is eventually arrived at, should permit a limited judicial review - It is only in a rare case where the decision taken is unsupported by any material or the same reflects a conclusion which, on the face of it, cannot be sustained that judicial review would be permissible. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 219 |
Petitioner | High Court Of Judicature At Patna, Through R.g |
Respondent | Shyam Deo Singh & Ors. |
SCR | [2014] 4 S.C.R. 541 |
Judgement Date | 2014-03-28 |
Case Number | 2529 |
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