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, where the principles of natural justice, are not required to be observed while passing the order of compulsory retirement because the order of compulsory retirement does not amount to a punishment." It was further submitted by the counsel for the respondents that the order of compulsory retirement passed by the respondents is an independent decision taken by the Review Committee after considering the entire service record of the petitioner, the Committee was of the opinion that the petitioner is no longer useful into the service of the respondents. It is also submitted that the order of premature retirement is absolutely independent decision taken by the Review Committee based on entire service record of the petitioner and the Court cannot sit in appeal in this matter. After perusing the review committee's order, the court was of the opinion that it was absolutely an independent proceeding and looking to over all service record of the petitioner, a subjective decision was recorded by the Review Committee and matter was recommended for premature retirement of the petitioner and on the basis of the same, the respondent No.1 took a decision to give premature retirement to the petitioner.

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History of this topic

Rajasthan HC Suggests Constitution Of Expert Panel To Examine Retired Govt Employees Grievance On Restoration Of Full Pension Under Rules
1 week, 1 day ago

Rajasthan HC Suggests Constitution Of Expert Panel To Examine Retired Govt Employees Grievance On Restoration Of Full Pension Under Rules

Live Law  

The Rajasthan High Court has suggested to the State to set up an expert committee to examine grievances raised by retired government employees claiming that the 14-year period after which full pension is to be restored under the Rajasthan Civil Services Rules was leading to financial loss and needs reworking. The period of restoration of the pension, according to the …

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement
1 month ago

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement

Live Law  

Rajasthan High Court has come to the rescue of a government employee who was denied retirement benefits after the State committed a mistake by accepting his voluntary retirement application, without his completing 15 years of prescribed qualifying service period. The bench of Justice Anoop Kumar Dhand relied upon the coordinate bench decision of Sudheer Kumar Khana v State of Rajasthan …

PSU Employees Nearing Superannuation Can't Seek To Continue In Service Until Govt Takes Formal Decision To Enhance Retirement Age: Kerala HC
1 month, 2 weeks ago

PSU Employees Nearing Superannuation Can't Seek To Continue In Service Until Govt Takes Formal Decision To Enhance Retirement Age: Kerala HC

Live Law  

The Kerala High Court has set aside a single bench order permitting employees of various Public Sector Undertakings to continue in service, irrespective of their retirement age, until the government takes a decision on the expert committee's report on the feasibility of enhancing retirement age from 58 to 60. An employee cannot claim the benefit of a decision that is …

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court
3 months ago

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

Live Law  

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. But later on RFC issued a separate order dated 28.08.2015 denying the payment of annual grade increments as well as arrears …

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 …

Supreme Court Dismisses Union's Plea Against Setting Aside Of Chhattisgarh IPS Officer Gurjinder Pal Singh's Compulsory Retirement
3 months, 2 weeks ago

Supreme Court Dismisses Union's Plea Against Setting Aside Of Chhattisgarh IPS Officer Gurjinder Pal Singh's Compulsory Retirement

Live Law  

The Supreme Court today dismissed Union of India's challenge to the setting aside of an order of compulsory retirement against Chhattisgarh IPS Officer Gurjinder Pal Singh, who faced allegations of corruption, extortion and sedition.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order in Union's challenge to a Delhi High Court order, whereby the decision of the. The …

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 …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
4 months, 1 week ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

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 …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
8 months ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

Live Law  

The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

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 …

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 …

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, …

Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement
2 years, 10 months ago

Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement

Live Law  

The Madras High Court on Thursday ordered compulsory retirement of an employee of Indira Gandhi Centre for Atomic Research who had gained employment by submitting a fake SC community certificate. The Division bench of Justice S. Vaidyanathan and Justice Mohammed Shaffiq also observed that though the employee was appointed only under the Open Category and further promotions were based on …

"There Cannot Be Compulsory Retirement Proof Employee": Delhi High Court Denies Relief To IRS Officer; Cites 'Doctrine Of Pleasure'
3 years, 6 months ago

"There Cannot Be Compulsory Retirement Proof Employee": Delhi High Court Denies Relief To IRS Officer; Cites 'Doctrine Of Pleasure'

Live Law  

Denying relief to Ashok Kumar Aggarwal, an IRS Officer of 1985 batch, the Delhi High Court on Wednesday observed that there cannot be a 'compulsory retirement proof employee'. Compulsory retirement may have some adverse effect upon the employee but if the Review Committee is of the opinion that in the interest of public his services should be brought to an …

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 …

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 …

An Employee In The Last Year Of Service Should Not Be Transferred Ordinarily : Rajasthan HC [Read Judgment]
5 years, 9 months ago

An Employee In The Last Year Of Service Should Not Be Transferred Ordinarily : Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court has held that an employee who is set to retire within a year should not be ordinarily transferred. "a superannuating employee, in the last year of his service, should not ordinarily be disturbed by the State, as a model employer, lest the exercise entail unwarranted inconvenience and difficulties for him in post retiral settlement", oberved Justice …

Mere Registration Of Criminal Cases Against Public Servant Can’t Form Basis Of Retiring Him Compulsorily: J&K HC [Read Order]
7 years ago

Mere Registration Of Criminal Cases Against Public Servant Can’t Form Basis Of Retiring Him Compulsorily: J&K HC [Read Order]

Live Law  

The Jammu & Kashmir High Court on Thursday ruled that mere registration of a FIR against a public servant shall not be a ground for compulsorily retiring the official concerned.The bench also directed the reinstatement of the petitioner, who held the post of Assistant Manager in the Public Works Department, and against whom the Vigilance Organisation Kashmir had registered FIRs. …

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 …

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 …

‘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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