three alternative sets of provisions simultaneously in operation for effecting premature compulsory retirement the one prejudicial to the petitioner having been adopted, the order ... premature
compulsory retirement must satisfy three
conditions --
(1) that the rules have fixed both an age of superannuation and an age for compulsory retirement
contended by the appellant that since an order of
compulsory retirement had adverse effects upon the career
and prospects of the government servant, the order ... appellant in this case was
that since an order of compulsory retirement has adverse
effects upon the career and prospects of the government
servant
dispensed with before the
age of superannuation by way of compulsory retirement under
or outside a rule of compulsory retirement, the termination
deprives ... they are
compulsorily retired under the relevant service rules, such
compulsory retirement does not amount to removal under Art.
311 (2). Similarly, there
without jurisdiction in violation of CBDT
notification and after his compulsory retirement (with
effect from 11.06.2019?).
7. So far as appeals bearing ITA No. 1185 ... Srivastava, CIT(A)-1 and 2 Noida after his
compulsory retirement with effect from 11.06.2019, because the
moment he ceases to hold his office
public interest.
10. It is true that a compulsory retirement is bound to have
some adverse effect on the government servant who is
compulsorily retired ... Supreme
Court that compulsory retirement is bound to have some adverse effect on
the Government servant who is compulsorily retired but the rule provides
that
Government.
Note 6 of the said Rule deals with compulsory
retirement with retrospective effect from the date
of suspension. The said note reads as follows ... respondent, had contemplated dismissal or removal
from service with retrospective effect. Compulsory
retirement from service with retrospective effect as
a punishment was also within
duly served if the order of termination is
converted into compulsory retirement with immediate effect
in view of the fact that he continues ... Disciplinary and Appeal
Regulations, 1976 framed by the Bank. Whenever
compulsory retirement is effected by way of penalty which is
imposed after holding a regular
case the order of compulsory retirement was not based on any charge of misconduct or inefficiency. The order of compulsory retirement was made only ... concept of compulsory retirement simpliciter under the Service Rules. Thus, while compulsory retirement simpliciter of a Judicial Officer 'will take effect after the order
Chief District Medical Officer ) in para 12 the effect of compulsory retirement due to loss of utility and termination not by way of punishment ... earned during service. Thus, compulsory retirement differs both from dismissal and removal as it involves no penal consequences. Though compulsory retirement deprives a government servant
case of compulsory retirement. It is important to take note of the fact that a case of compulsory retirement is not referred to either ... claim to any special compensation snail be entertained.
Note 1. Compulsory retirement effected in pursuance of this rule amounts to removal from service within
