Rules)-
Compulsory retirement-Whether to be delayed till the
disposal of representation on adverse remarks.
Civil Services-Orissa Service Code-Rule 71-Compulsory
retirement-Principles ... jurisdiction to interfere with order of compulsory
retirement-Scope of-Principles of natural justice-
Applicability of-Compulsory retirement whether permissible
on uncommunicated adverse remarks.
HEADNOTE
Judge, regarding the punishment, and proposed to impose the
punishment of compulsory retirement after issue of a show-cause notice to
that effect. After considering ... services with the High Court and
assailing the penalty of compulsory retirement inflicted upon him by the
Chief Justice. The High Court set aside
removal, reduction in rank,
termination, compulsory retirement or reversion of a public servant.
Dismissal, removal, termination and compulsory retirement puts an end to
the relationship ... removal, termination and compulsory retirement is found
not to be justified. If the order of dismissal, removal, termination and
compulsory retirement is set aside then
retirement of the appellant under FR
56(j). The appellanrmade representations to various
authorities, including the President of India, H against his
compulsory retirement ... preceding his retirement on July 28,
1972 did not reveal anything blameworthy against him. He
accordingly quashed the order of compulsory retirement of
the appellant
higher retirement age and should be compulsorily retired at the age of 58 by following the said procedure for compulsory retirement. The exercise should ... addition to the assessment to be undertaken for compulsory retirement and the compulsory retirement at the earlier stage/s under the respective Service Rules
continuing
under suspension, the Govt. of Gujarat passed an order of
compulsory retirement by invoking Clause (aa) (i) (1) of
Rule ... date of birth
being 17.8.1930. In the order of compulsory retirement, it
was stated that the case relating to continuance of the
respondent in Govt
uniformity would be a
far cry if retirement other than by following the procedure for compulsory retirement,
is permitted after the officer crosses 58 years ... retirement assessment should be made well within the time
before an officer attains 58 years by following the procedure for compulsory
retirement under the service
TRIPATHI & ANR.
DATE OF JUDGMENT21/02/1978
BENCH:
ACT:
Compulsory retirement of a District Judge from service on
the opinion recorded ... entire High Court is
necessary. before making an order of compulsory retirement
against the District Judge ?"
The Division Bench and initially the Full Bench
compulsory retirement, case pending against him
should not be withdrawn. In other words, if he does
not challenge the order of compulsory retirement
case against ... compulsory retirement. This proposal too was not
immediately acted upon and it was thought that nobody could
say whether the order of compulsory retirement would
SC1020 (22)
ACT:
F. R. Rule 56(j)(i)-Compulsory retirement-Officer with
continuous service of 14 years and crossing efficiency bar
whether ... purpose of compulsory retirement is
called for. We merely allow the appeal, quash the order of
compulsory retirement and leave the law to take
