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1 - 2 of 2 (0.16 seconds)Union Of India vs Col. J. N. Sinha And Anr on 12 August, 1970
In Union of India v. Col. J.N. Sinha
& Anr., [1971] 1 SCR 791 this Court held that if the civil
servant is able to establish that the order of compulsory
retirement suffered from any of the above infirmities, the
Court has jurisdiction to quash the same. It is not disputed
that compulsory retirement under rule 56(j) is not a punish-
ment as it does not take away any of the past benefits.
Chopping off the dead wood is one of the important consider-
ations for invoking rule 56(j) of the Fundamental Rules. 1n
the instant case, on the basis of the service record, the
Committee formed the requisite opinion that the petitioner
had ceased to be useful and, therefore, should be retired
prematurely. We do not think petitioner has been able to
place
787
any satisfactory material for the contention that the deci-
sion was on collateral grounds. Once the opinion is reached
on the basis of materials on record, the order cannot be
treated to be arbitrary. The service record of more than
five years which we have perused shows that the higher
officers under whom the petitioner had worked were different
and different sets of reviewing officers had also made the
entries. Therefore, the reports must be taken to have re-
flected a appropriate and objective assessment of the per-
formance of the petitioner.
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