years except by following the procedure applicable to
compulsory retirement; secondly, that the petitioner holds
a civil post under the State of Bihar. The order ... case, the retirement of a judicial
officer at the age of 58 years is not retirement in ordinary
course but compulsory retirement and therefore
permitted to retire on his reaching
the date of compulsory retirement but shall be retained in service until the inquiry into the charges against ... were made not after his retirement but before his retirement and operative also not
after the date of his retirement but on his reaching that
Another4 wherein it has been held that the
order of compulsory retirement is not a punishment. It implies no
stigma nor any suggestion of misbehaviour ... order of compulsory
retirement is in public interest and is passed on the subjective
satisfaction of the Government and is not liable to be quashed
exercise of its writ jurisdiction to set
aside the order of compulsory retirement passed by the statutory authorities
against the respondent, and substituting ... Railway Protection
Force Rules, 1987 proposing to impose the penalty of compulsory retirement
from service.
After considering his reply, the Authority vide Order dated
required or permitted to retire of his reaching the date of compulsory retirement. It further says that he should be retained in service until ... extension of service for the period from the date of compulsory retirement to the date of termination of the proceedings. During such an extension
laid in both these writ petitions to the orders of
compulsory retirement and especially to the reasons assigned or
the material ignored by the Screening ... compulsory
retirement he does not lose any of the rights
1 (1970) 2 SCC 458
4
acquired by him before retirement. Compulsory
retirement involves
dated 25-7-2005 for his compulsory retirement with effect from 31-7-2005. Subsequently, that G.O. was amended by another G.O. dated ... ground of lack of continued utility cannot be equated with compulsory retirement imposed as a measure of penalty under the 1991 Rules and, therefore
filed this writ petition to
challenge the order of his compulsory retirement as he has been
retired on completion of 55 years of age.
Having ... judgments and
these are as under:-
"i. An order of compulsory retirement is not a punishment.
It implies no stigma nor any suggestion
taken into account.
3. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside ... been dismissed, removed or compulsory retired.
(iii) Rule 10(3): Deemed suspension when the penalty of dismissal, removal or compulsory retirement of a Government suspension
Deputy General Manager, vide order dated 25.07.2013, imposed the penalty of compulsory retirement, which is not only excessive, but disproportionate to the charges proved ... General Manager, vide letter dated 16.09.2013 recommended for granting 3/4 compulsory retirement pension in contravention of the Regulation 33 of the Bank of Baroda
