necessary to do so
in the public interest. It is unlike FR 56(j) to that ex-
tent. [647G-648B, 649BC]
2.2 Rule ... under the first
proviso to r. 161(1)(a) or under FR 56(j)(1), on which it is
based. Although the words
provisions of Fundamental Rule 56 (j) [hereinafter
referred to as 'FR 56 (j)'], applicable to the central government
employees are not applicable ... remove the petitioner from the
post in question, provisions of FR 56 (j) has been applied and the
petitioner compulsorily retired. Apart from contending that
issued the impugned order effecting compulsory retirement of the applicant under FR 56(j)(i). The applicant submitted his representation to the Chairman of Board ... sustainable in the eye of law and as per provisions of FR 56(j) the respondents have failed to consider the entire service record
mean that the DDA could not exercise the power under FR 56(j)(i). The DDA denies the averment of the petitioner that it could ... illegal. A valid compulsory retirement order could be issued under FR 56(j) only if the officer entered the service of DDA before attaining
case of Fundamental Rule
56(j) (for short “FR 56(j)”). Additionally, reliance is placed on the
exposition of this Court in Union of India ... power to
retire compulsorily could be exercised in accordance with the FR 56(j)
only.
49. The contentions of the appellant find an answer
appellant in the interest of the school on
the strength of FR 56(j). Appellant desired to know, as to how in
the absence ... authorization in this
behalf either under the Act or the Rules, FR 56(j) can be
resorted to by the Management. The respondents
gazetted", therefore, the provision of sub-clause
(ii) of FR 56 (j) would be applicable. Grade -C employees
may be retired prematurely after attaining ... necessary to quote the
Fundamental Rule 56 (j) which reads as under:
"56(j) Notwithstanding anything contained
in this rule, the Appropriate Authority
shall
found his case fit for retirement under the FR 56 (j).
The Review Committee, constituted in terms of the aforesaid circular,
examined the report ... series) under Rule 56(j) of the
Fundamental Rules. The rule is reproduced below for the sake of
brevity.
" 56(j) Notwithstanding anything contained
September
2019, the petitioner was compulsorily retired from service under FR
56(j)3 read with Rule 48(1)(b)4 of the Central Civil ... dated 26 July 2019. The said circular noted
the importance of FR 56(j) and Rule 48 of the CCS (Pension) Rules as
important administrative
requirement in the case of disciplinary proceedings. While
exercising power under FR 56(j), the Appointing Authority
can take note of such allegations. Once ... life are forfeited. In contrast, the
compulsory retirement under FR 56(j) would have
the effect of just advancing the age of retirement and
nothing
