Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Compulsory Retirement |
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 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service Law:Compulsory Retirement – Of Judicial Officers – Challenged in Writ Petition before Supreme Court – As per direction of Supreme Court, Screening Committee of High Court approved earlier action to compulsorily retire the officers – Resolution of Screening Committee approved by Standing Committee of High Court – Held: In respect of one officer against whom there had been complaints that during training of Civil Service probationers, in his lectures he had used highly sexist language and that he had hurt a washerman with hot iron – The two instances are sufficient to decide the case against him – In respect of second officer, his reputation and integrity have been doubted on more than one occasion, his knowledge of law and procedure had been found to be average, relations with bar members were not very good – Adverse entries with regard to integrity do not lose their sting at any stage – Judicial officer’s integrity should be of higher order, even a single aberration is not permitted – Senior Judges of the High Court who were members of the Screening and Standing Committees have taken considered and well-reasoned decisions on two occasions – Supreme Court cannot exercise its power of judicial review unless there is allegation of mala fides or there are facts so glaring that the decision of compulsory retirement is unsupportable. Compulsory Retirement of Judicial Officer – Effect and criteria for its consideration – Discussed. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2020 INSC 228 |
Petitioner | Arun Kumar Gupta |
Respondent | State Of Jharkhand & Anr. |
SCR | [2020] 3 S.C.R. 1015 |
Judgement Date | 2020-02-27 |
Case Number | 190 |
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