SC Upholds Patna HC Order Quashing ‘Compulsory Retirement’ Of Judicial Officer Without Any Disciplinary Enquiry [Read Order]
8 years, 2 months ago

SC Upholds Patna HC Order Quashing ‘Compulsory Retirement’ Of Judicial Officer Without Any Disciplinary Enquiry [Read Order]

Live Law  

If the officer whose conduct is questionable warranting his removal or compulsory retirement from the service, such an officer cannot simply be sent home with all the retiral benefits, the Bench said.The Supreme Court in High Court of Judicature at Patna vs. Ajay Kumar Srivastava, has upheld a Patna High Court judgment, which had set aside an order of compulsory retirement of a district judge,. If the officer whose conduct is questionable warranting his removal or compulsory retirement from the service, such an officer cannot simply be sent home with all the retiral benefits, the Bench said. The Supreme Court in High Court of Judicature at Patna vs. Ajay Kumar Srivastava, has upheld a Patna High Court judgment, which had set aside an order of compulsory retirement of a district judge, on the ground that it was passed as ‘punishment’ without conducting disciplinary enquiry. The judicial officer approached the high court against this contending that ‘compulsory retirement’ was passed as a punishment, without conducting enquiry.

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History of this topic

Disciplinary Orders Attain Finality Upon Communication, Can't Be Unilaterally Modified: AP HC
2 weeks, 6 days ago

Disciplinary Orders Attain Finality Upon Communication, Can't Be Unilaterally Modified: AP HC

Live Law  

Andhra Pradesh High Court: A Single Judge Bench of Justice Harinath N set aside UCO Bank's unilateral revision of disciplinary punishment against a former Assistant Manager. In 2010, the disciplinary authority found him guilty of violating loan sanction norms and imposed compulsory retirement with service benefits. It held that the disciplinary authority's decision to unilaterally enhance Asheervadam's penalty by withdrawing …

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC
1 month, 2 weeks ago

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

Live Law  

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal. Referring to the provisions of the MP Civil Services Rules, 1976A single judge …

Entire Service Record, Character Rolls & Confidential Reports Of Employee Need To Be Considered Before Passing Order Of Premature Retirement : Chhattisgarh High Court
3 months, 2 weeks ago

Entire Service Record, Character Rolls & Confidential Reports Of Employee Need To Be Considered Before Passing Order Of Premature Retirement : Chhattisgarh High Court

Live Law  

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey, while deciding writ petition held that the Government should form opinion that the government employee needs to be compulsorily retired from service only after considering the entire service record, character rolls & confidential reports. The case of State of Gujarat and another Vs. Suryakant Chunilal …

Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction
3 months, 3 weeks ago

Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction

Live Law  

The Patna High Court recently upheld the reinstatement of a Class-III employee posted in the Governor's Secretariat, Bihar who was made to compulsorily retire from the services in the midst of the departmental proceedings pending against him. Affirming the Single Bench's decision, the Division Bench comprising Chief Justice K Vinod Chandran and Justice Partha Sarthy observed that it would be …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
4 months, 3 weeks ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

Live Law  

The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case
8 months, 1 week ago

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

Live Law  

The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act was misguided. The …

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court
8 months, 3 weeks ago

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court

Live Law  

The Patna High Court has held that the report of an Inquiry Officer per se cannot be treated as evidence by the Disciplinary Authority in a disciplinary proceeding when the officer did not properly examine any evidence. After this order, a new enquiry was conducted by the Inquiry Officer based on which the Disciplinary Authority passed the same order of …

Supreme Court Upholds Centre's Rule Prescribing 'Compulsory Retirement' As Punishment For CRPF Personnel
10 months, 1 week ago

Supreme Court Upholds Centre's Rule Prescribing 'Compulsory Retirement' As Punishment For CRPF Personnel

Live Law  

The Supreme Court in a recent judgement held that 'compulsory retirement' under the Rules of Central Reserve Police Force was validly within the purpose of maintaining 'disciplinary control' over the force under the CRPF Act 1949. Therefore, in our view, if the CRPF Act envisages vesting of control over the Force in the Central Government and the various punishments imposable …

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court
1 year, 1 month ago

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court

Live Law  

The Bombay High Court recently observed that the effect of reduction in pay scale of a state government servant, as a form of punishment, does not extend beyond the period of employment and impact post-retirement benefits. Provisions of Rule 5 would be applicable during the period when an employee is in service and not to the benefits once he retires …

Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court
1 year, 4 months ago

Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court

Live Law  

The Kerala High Court held that after a government servant has retired from service and the proceedings primarily become about loss recovery, disciplinary proceedings under Rules 15 and 16 of KCS Rules are no longer applicable. “However, in the light of the fact that the proceedings have been confined to the recovery of loss as the respondent had retired from …

[Armed Forces] Superior's Command Must Be Followed Even At Cost Of Personal Suffering: Madras High Court
1 year, 7 months ago

[Armed Forces] Superior's Command Must Be Followed Even At Cost Of Personal Suffering: Madras High Court

Live Law  

The Madras High Court recently observed that a member of the armed forces is expected to have utmost principles of discipline and is expected to follow every command of his superiors without resistance. The court was hearing a plea by Jarin Singh, former constable of the Central Industrial Security Force against an order of compulsory retirement. To prove himself innocent …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 11 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court
2 years ago

[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court

Live Law  

A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority. Judgement: Justice Sinha, while pointing out the main thrust of …

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation
2 years ago

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation

Live Law  

The Supreme Court recently granted pensionary benefits to an auxiliary nurse working in service of Gujarat Government, who was embroiled in a long drawn litigation over a decision taken by her in 1993 to withdraw her resignation. However, the State passed an order on April 8, 2002 holding that the period from 24 November 1993 to 30 March 2001 would …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
2 years, 2 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

No Compulsory Retirement Merely On Committee Recommendation, Sans Departmental Enquiry & Sufficient Material: J&K&L High Court
2 years, 5 months ago

No Compulsory Retirement Merely On Committee Recommendation, Sans Departmental Enquiry & Sufficient Material: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that the power to compulsorily retire a government servant in terms of service rules is absolute, provided the authority concerned forms a bona fide opinion that compulsory retirement is in public interest. Elaborating on the law on the subject, the bench observed that the power to retire compulsory a …

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC
2 years, 5 months ago

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC

Live Law  

The Kerala High Court recently observed that as per the provisions of the Railway Services Rules, 1993, a railway servant compulsorily retired from the service as a penalty has no vested right to stake a claim for the entire pension or gratuity, as the quantum of pension and gratuity to be granted is at the absolute discretion of the employer. …

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC
2 years, 5 months ago

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC

Live Law  

The Kerala High Court on Monday held that the decision as to whether a particular case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.Justice Anu Sivaraman, while holding so, observed that if the same was not done, …

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court
2 years, 10 months ago

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court

Live Law  

The Rajasthan High Court recently affirmed the order passed by the Central Administrative Tribunal that upheld compulsory retirement of an IPS officer and observed that compulsory retirement is not a punishment and does not require observation of principles of natural justice. The subjective decision of the government in public interest arrived at after considering entire service record of the petitioner, …

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
3 years, 1 month ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising …

Entire Service Record To Be Considered For Order Of Premature Retirement, Though Recent ACRs Carry Weight : Supreme Court
3 years, 1 month ago

Entire Service Record To Be Considered For Order Of Premature Retirement, Though Recent ACRs Carry Weight : Supreme Court

Live Law  

The Supreme Court has held that an order of premature retirement is required to be passed on the basis of entire service records.The recent reports would carry their own weight, the bench comprising Justices Hemant Gupta and V. Ramasubramanian added. The Supreme Court has held that an order of premature retirement is required to be passed on the basis of …

Supreme Court Directs Compulsory Retirement Of Judicial Officer; Says Solitary Remark About Lack Of Integrity Sufficient
3 years, 6 months ago

Supreme Court Directs Compulsory Retirement Of Judicial Officer; Says Solitary Remark About Lack Of Integrity Sufficient

Live Law  

The Supreme Court observed that solitary remark regarding lack of integrity is sufficient to order compulsory retirement of a Judicial Officer.The bench of Justices AM Khanwilkar and Sanjiv Khanna set aside a Rajasthan High Court judgment which directed reinstatement of a judicial officer who was compulsorily retired.A judicial officer was compulsorily retired from Rajasthan Higher. The Supreme Court observed that …

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]
5 years ago

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]

Live Law  

The High Court of Kerala observed that there is no scope of interference in disciplinary action against officer in judicial service if there is sufficient evidence for showing unsatisfactory conduct. In the instant case the petitioner, one Mr. V. Jayakumar, former Judicial First Class Magistrate, Pathanamthitta, was compulsorily retired under Rule 13A of the Kerala Judicial Service Rule 1991. The …

Taking Note Of Casual Remand Orders, Patna HC Directs Judicial Academy To Give Training To Magistrates [Read Order]
5 years, 2 months ago

Taking Note Of Casual Remand Orders, Patna HC Directs Judicial Academy To Give Training To Magistrates [Read Order]

Live Law  

The Patna High Court has asked the Director of the Judicial Academy at Patna, to train Judicial Officers in matters of custody and remand applications. The order has been passed by the bench of Chief Justice Sanjay Karol and Justice Anil Kumar Upadhyay in a writ petition, after noticing the casual remand orders passed by a Magistrate in violation of …

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]
5 years, 9 months ago

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Friday held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service. Petitioner challenged the said condition of continuation of the disciplinary proceedings against her in a writ petition before the high Court. A division bench of …

Try & Make Life After Retirement Easier For A Government Servant, SC Tells GoI [Read Judgment]
7 years ago

Try & Make Life After Retirement Easier For A Government Servant, SC Tells GoI [Read Judgment]

Live Law  

On getting retired, they have to struggle for the due pension, the bench observed.While allowing an appeal preferred by the Union of India against a high court order that had favoured a retired railway employee, the Supreme Court recommended the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a …

Compulsory Retirement For 12 District Judges After Jharkhand HC Notes ‘Dubious Conduct’
7 years, 7 months ago

Compulsory Retirement For 12 District Judges After Jharkhand HC Notes ‘Dubious Conduct’

Live Law  

Twelve District Judges were compulsorily retired by the Jharkhand Government on Saturday on recommendation of the Jharkhand High Court.“The judicial officers were marked by the High Court for their dubious conduct and, on the issue of probity, they were given compulsory retirement,” Secretary of Personnel and Administrative Reforms Department Nidhi Khare was quoted as saying.Ms. “The judicial officers were marked …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

Five Important Principles relating to Compulsory Retirement
8 years, 7 months ago

Five Important Principles relating to Compulsory Retirement

Live Law  

Recently the High Court of Rajasthan while upholding an order of Compulsory retirement of an Additional District & Sessions Judge under Rule.53 of the Rajasthan Civil Service Pension Rules, 1996, has re-iterated the following principles relating to Compulsory retirement as summarized by the Supreme Court in Baikuntha Nath Das & Anr. Principles of natural justice have no place in the …

Supreme Court Weekly Round-Up
8 years, 8 months ago

Supreme Court Weekly Round-Up

Live Law  

SC dismisses SLP of a 92 year old convict in a honour killing caseThe Supreme Court dismissed a plea of a 92 year murder convict, seeking exemption from surrendering before police. The vacation bench of the Apex Court comprising of Justices Adarsh Kumar Goel and L. Nageswara Rao also dismissed the Special Leave Petition filed by the convict against the …

Supreme Court Weekly Round-Up
8 years, 8 months ago

Supreme Court Weekly Round-Up

Live Law  

SC dismisses SLP of a 92 year old convict in a honour killing caseThe Supreme Court dismissed a plea of a 92 year murder convict, seeking exemption from surrendering before police. The vacation bench of the Apex Court comprising of Justices Adarsh Kumar Goel and L. Nageswara Rao also dismissed the Special Leave Petition filed by the convict against the …

An order of cut in pension is permissible even after the employee reached the age of superannuation; SC [Read Order]
8 years, 9 months ago

An order of cut in pension is permissible even after the employee reached the age of superannuation; SC [Read Order]

Live Law  

The Vacation Bench of the Supreme Court in State of West Bengal vs Aswini Kumar Mahato has held that an order of cut in pension was permissible after a person reached the age of superannuation. The Bench comprising of Justices A.K.Goel and A.M.Khanwilkar has allowed the Appeal filed by State of West Bengal against a Calcutta High Court order in …

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]
9 years, 3 months ago

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]

Live Law  

We are of the considered opinion that every employer must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit, the bench said.Supreme Court of India has. We are …

Sexual abuse charges against Judicial Officer: SC upholds punishment of compulsory retirement [Read the Judgment]
10 years, 7 months ago

Sexual abuse charges against Judicial Officer: SC upholds punishment of compulsory retirement [Read the Judgment]

Live Law  

A Supreme Court Bench comprising of Justice R. Gogoi and Justice M.Y. Eqbal reversed a Madras High Court judgment and upheld the punishment of compulsory retirement for a Judicial officer accused of sexual abuse at workplace.The appeal was filed against the 2007 judgment of the Madras High Court, which had reversed the compulsory retirement imposed on the respondent, Thiru K. …

‘Pension cannot be denied without authority by law’
11 years, 6 months ago

‘Pension cannot be denied without authority by law’

Hindustan Times  

Treating a citizen's right to receive pension and gratuity as right to property, the Supreme Court has ruled that no government employee can be deprived of this right even if departmental or criminal proceedings are pending against him. "This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A …

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