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Documents citing Baikuntha Nath Das And Anr vs Chief Distt. Medical Officer, Baripada ... on 19 February, 1992

State Of Gujarat vs Dhirajlal Harilal Oza on 5 May, 2000

In this connection, I have considered the guidelines laid down by the Apex Court in the case of Baikuntha Nath Das and another vs. Chief District Medical Officer, Baripada and another (Supra), in which it has been mentioned that the principles of natural justice have no place in the context of order of compulsory retirement. In the present case, for premature retirement, the Government is not required to give option for voluntary retirement as principles of natural justice are not applicable in the case of premature retirement, though there is a circular in this respect which requires the Government to give an option to the person concerned. According to the learned AGP, the Government has a discretion to give an option to the person concerned. If such option is not given by the Government in violation of the departmental circular, it would not vitiate the impugned notice/order. According to him, rules of natural justice are not applicable in the case of premature retirement or compulsory retirement. As such, in my opinion, not giving an opportunity for voluntary retirement to the person concerned will not vitiate the impugned order of retirement, more particularly where there is sufficient material for requiring the person concerned to retire premturely. In the present case, in my opinion, there is sufficient material to arrive at a conclusion tht the person concerned should be retir ed prematurely and the option for voluntary retirement under rule 161(aa)(ii) is not required under law to be given before issuing the impugned notice for premature retirement.
Gujarat High Court Cites 1 - Cited by 0 - Full Document

Paras Nath Chaturvedi Son Of Late ... vs The Addl. Director, Medical Health And ... on 22 April, 2004

7. The principle of natural justice have no place to contest of an order of compulsory retirement as the order of compulsory retirement is not a punishment. It implies no stigma nor any suggestion of misbehaviour. Since the action is taken on the subjective satisfaction of the State Government as such there is no room for importing the audi alteram partem rule of natural justice in view of (Baikuntha Nath Das v. Chief District Medical Officer, (1992) 1 SCR 836; AIR 1992 SC 1020; (1992) 2 SCC 299).
Allahabad High Court Cites 53 - Cited by 1 - R B Misra - Full Document
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