Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction
2 weeks, 6 days 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 inappropriate and unjust to order compulsory retirement of the employee on the charges labeled against the employee for which a departmental proceeding was pending against the employee. The appellants argued that the compulsory retirement order was valid, citing public interest due to the petitioner's age and service record, and referred to the Supreme Court's judgment in Rajasthan State Road Transport Corporation vs. Babu Lal Jangir, which held such orders were non-punitive with limited scope for judicial review. Dismissing the appellant's contention, the judgment authored by Sarthy J. noted that the petitioner was already undergoing departmental proceedings for the same charges cited in the compulsory retirement order, which was issued prematurely before the proceedings were concluded.

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History of this topic

Entire Service Record, Character Rolls & Confidential Reports Of Employee Need To Be Considered Before Passing Order Of Premature Retirement : Chhattisgarh High Court
1 week, 6 days 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 …

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

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court
2 years, 7 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, …

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