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Union Of India And Ors vs Shri Dulal Dutt on 5 February, 1993 cites

R. L. Butail vs Union Of India & Ors on 8 September, 1970

It will be noticed that the Tribunal completely erred in assuming in the circumstances of the case, that there ought to have been a some order for compulsory retirement. This Court has been repeatedly emphassing right from the case of R-L Butail v. Union of India, [1970] 2 SCL 876 and Union of India v. J.N. Sinha [1970] 2 SCC 458 that an order of 861 compulsory retirement is not an order of punishment. It is actually a prerogative of the Government but it should be based on material and has to be passed on the subjective satisfaction of the Government. Very often, on enquiry by the Court the Government may disclose the material but it is very much different from the saying that the order should be a speaking order. No order of compulsory retirement is required to be a speaking order. From the very order of the Tribunal it is clear that the Government had, before it, the report of the Review Committee yet it thought it fit of compulsory retiring the respondent. The order cannot be called either mala fide or arbitrary in law. We are thus constrained to allow this appeal with costs and set aside the impugned order of the Tribunal dated 29th May, 1992 and dismiss the application of the respondent filed before the Tribunal against the impugned order of compulsory retirement of the respondent.
Supreme Court of India Cites 11 - Cited by 104 - Full Document

Union Of India vs Col. J. N. Sinha And Anr on 12 August, 1970

It will be noticed that the Tribunal completely erred in assuming in the circumstances of the case, that there ought to have been a some order for compulsory retirement. This Court has been repeatedly emphassing right from the case of R-L Butail v. Union of India, [1970] 2 SCL 876 and Union of India v. J.N. Sinha [1970] 2 SCC 458 that an order of 861 compulsory retirement is not an order of punishment. It is actually a prerogative of the Government but it should be based on material and has to be passed on the subjective satisfaction of the Government. Very often, on enquiry by the Court the Government may disclose the material but it is very much different from the saying that the order should be a speaking order. No order of compulsory retirement is required to be a speaking order. From the very order of the Tribunal it is clear that the Government had, before it, the report of the Review Committee yet it thought it fit of compulsory retiring the respondent. The order cannot be called either mala fide or arbitrary in law. We are thus constrained to allow this appeal with costs and set aside the impugned order of the Tribunal dated 29th May, 1992 and dismiss the application of the respondent filed before the Tribunal against the impugned order of compulsory retirement of the respondent.
Supreme Court of India Cites 8 - Cited by 460 - K S Hegde - Full Document

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

The law on the subject of compulsory retirement as recently laid down by this Court in the case of Baikuntha Nath Das and another v. Chief District Medical Officer, Banpada and another, [1992] 2 SCC 299 was noticed by the Tribunal but erroneously distinguished it. In the case of Baikuntha Nath aforesaid this Court has exhaustively dealt with the entire case law on the subject and observed :-
Supreme Court of India Cites 14 - Cited by 579 - B P Reddy - Full Document
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