Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Compulsory retirement - Order of compulsory retirement of the respondent-Additional Assistant Engineer at the age of 55 years- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Compulsory retirement - Order of compulsory retirement of the respondent-Additional Assistant Engineer at the age of 55 years- Committee took into account the entire service record, the disciplinary proceedings initiated against him, the punishment imposed, his efficiency in service and confidential reports - Challenge to, on the ground that the order is punitive and stigmatic in character - Order quashed by the High Court holding it to be stigmatic - On appeal, held: Entire record can be scrutinized by employer to adjudge the justification of continuance of the employee after reaching a particular age - Past adverse entries did not loose significance on conferment of benefit of promotion - Nature of order judges its character, namely, simpficiter or stigmatic - In the order previous misconduct and the punishment visited to the respondent, and the decision- making process of the Committee, the disciplinary proceedings, personal records and the reputation was reflected - Reputation has insegregable nexus, with his ACRs and poor performance - Use of words like "inefficiency" and "not fit" cannot convey the meaning of "stigmatic" - Thus, it cannot be said there was non-application of mind - Order passed by the High Court set aside - Punjab State Electricity Board Service (Premature Retirement) Regulation, 1982. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 982 |
Petitioner | Punjab State Power Corporation Ltd.and Ors. |
Respondent | Hari Kl Shan Verma |
SCR | [2015] 3 S.C.R. 555 |
Judgement Date | 2015-03-27 |
Case Number | 4784 |
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