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Chandra Singh vs State Of Rajasthan And Anr on 22 July, 2003 cites

Shri Rajat Baran Roy vs State Of West Bengal & Ors on 13 April, 1999

This takes us to the question as to the whether the action of the High Court in making the assessment of the performance of the appellants prior to 31.3.1999 stand the scrutiny of Rule 53 of the Rajasthan Civil Service (Pension) Rules, 1996. In a given case, the said rule may be taken recourse to but the High Court never took any stand that its action was justified thereunder. Ex facie the said rule is not applicable inasmuch as it has never been the contention of the respondents that the impugned order had been passed in public interest or other pre-requisite therefor, namely, giving of three months' notice in writing to the Government servant before the date on which he is required to retire in public interest or three months' pay and allowances in lieu thereof, had been complied with. Compliance of pre-requisites of such a rule, it is well-settled, is mandatory and not directory. Such a plea has expressly been negatived by this Court. [See Rajat Baran Roy's case (supra) - paras 13 to 16]. It is fairly well-settled, that the legality or otherwise of an order passed by a statutory authority must be judged on the face thereof as the reasons contained therein cannot be supplemented by an affidavit.
Supreme Court of India Cites 1 - Cited by 50 - Full Document

All India Judges' Association vs Union Of India on 13 November, 1991

The views which we have taken are in consonance with the decision of this Court in the cases referred to hereinbefore. Times without number this Court pointed out the difference between a judicial service and other services. Keeping in view the rigours, constraints and difficulties faced by the Judicial Officers in discharge of their duties in All India Judges' Association vs. Union of India and Others [(1992) 1 SCC 119], this Court issued a direction to all the States and the Union Territories to the effect that the age of superannuation of the judicial officers be fixed at 60 years with effect from 31.12.1992.
Supreme Court of India Cites 15 - Cited by 69 - R B Misra - Full Document

Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977

[See Mohinder Singh Gill and Another vs. The Chief Election Commissioner, New Delhi and Others – (1978) 1 SCC 405] . It may be true that mentioning of a wrong provision or omission to mention the correct provision would not invalidate an order so long as the power exists under any provision of law, as was submitted by Mr. Rao. But the said principles cannot be applied in the instant case as the said provisions operate into two different fields requiring compliance of different pre-requisites. It will bear repetition to state that in terms of Rule 53 of the Pension Rules, an order for compulsory retirement can be passed only in the event the same is in public interest and/or three months' notice or three months' pay in lieu thereof had been given. Neither of the aforementioned conditions had been complied with. We also cannot accept the contention of Mr. Rao that in the case of Mata Deen Garg, the departmental proceedings could be kept pending despite the passing of the impugned order. The High Court had not passed any order in the departmental proceedings. It sought to invoke the jurisdiction which was conferred on the High Court and the State by reason of a statutory rule. A departmental proceeding can continue so long as the employee is in service. In the event, a disciplinary proceeding is kept pending by the employer the employee cannot be made to retire. There must exist specific provision in the pension rules in terms whereof, whole or a part of the pension can be withheld or withdrawn wherefor a proceeding has to be initiated. Furthermore, no rule has also been brought to our notice providing for continuation of such proceeding despite permitting the employee concerned to retire. In absence of such a proceeding, the High Court or the State cannot contend that the departmental proceedings against the appellant Mata Deen Garg could continue.
Supreme Court of India Cites 56 - Cited by 4221 - V R Iyer - Full Document

Taherakhatoon (D) By Lrs vs Salambin Mohammad on 26 February, 1999

The observations made in para 15-20 of the Teherakhatoon (supra) can be usefully applied to the facts and circumstances of the case on hand. In the instant case, we are dealing with the higher judicial officers. We have already noticed the observations made by the committee of three Judges. The nature of judicial service is such that it cannot afford to suffer continuance in service of persons of doubtful integrity or who have lost their utility. In the instant case, the appellants, so retired, does not lose any part of their benefit that they have earned during their service and it involves no penal consequence and in our view the retirement is not considered prima facie and per se as punishment.
Supreme Court of India Cites 10 - Cited by 96 - M J Rao - Full Document

Champalal Binani vs The Commissioner Of Income-Tax, West ... on 4 December, 1969

Issuance of a Writ of Certiorari is a discretionary remedy. [See Champalal Binani vs. CIT, West Bengal, AIR 1970 SC 645]. The High Court and consequently this Court while exercising its extra-ordinary jurisdiction under Articles 226 or 32 of the Constitution of India may not strike down an illegal order although it would be lawful to do so. In a given case, the High Court or this Court may refuse to extend the benefit of a discretionary relief to the applicant. Furthermore, this Court exercised its discretionary jurisdiction under Article 136 of the Constitution of India which need not be exercised in a case where the impugned judgment is found to be erroneous if by reason thereof substantial justice is being done.
Supreme Court of India Cites 4 - Cited by 164 - J C Shah - Full Document
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