formation of
opinion for compulsory retirement is based on the
subjective satisfaction of the authority concerned
but such satisfaction must be based on a valid ... ascertain
whether a valid material exists or otherwise, on
which the subjective satisfaction of the
administrative authority is based. In the present
matter, what
based on the
7
Item No.38 OA No. 2799/2019
subjective satisfaction of the Appointing Authority and for
arriving at such a decision ... judicial review of an order of compulsory retirement
based on the subjective satisfaction of the employer is
extremely narrow and restricted. Only
fundamental principle governing FR 56(j)
and the applicability of subjective satisfaction. It is worthwhile quoting
some of the landmark judgments which have dealt with ... aspects of
principles of natural justice, subjective satisfaction and other aspects of
applicability of FR 56(j).
(a) In Baikuntha Nath Das v. Chief District
sufficient material before the competent authority, whose satisfaction is a subjective satisfaction and subsequent events cannot be referred to. He has also contended that ... fervently submitted that what has to be seen is the subjective satisfaction of the President about the brewing danger to the security of our country
ground for non
non-
interference by this Tribunal, as the subjective satisfaction
of the reporting and reviewing authorities, held by different
officers
fficers over time ... applicant's averments in the present
OAs pertain to the subjective satisfaction of reporting and
reviewing officers, which,
which, as per settled law, cannot
culpable conduct of the employee. In
order to reach its own satisfaction, the authority is free to seek
information from its own sources. The requirement ... enable the competent authority of the organization to satisfy itself
in a subjective manner as regards the fitness of the case to invoke
the rule
usual span of the service
career. This is the normal rule subject always to exceptional
circumstances such as disclosure of fresh objectionable grounds
with regard ... High Court. This leads
to only one conclusion that the subjective satisfaction of the High
Court was not based on the sufficient or relevant material
retire a government servant compulsorily. The order is passed
on the subjective satisfaction of the government.
(iii) Principles of natural justice have no place ... looking to the overall service record of the Petitioner, this
subjective satisfaction has been arrived at by the Review Committee. There is
no allegation
retire a government servant compulsorily. The order is passed
on the subjective satisfaction of the government.
(iii) Principles of natural justice have no place ... looking to the overall service record of the Petitioner, this
subjective satisfaction has been arrived at by the Review Committee. There is
no allegation
than that reflected by the ACRs could form a part of
subjective satisfaction.
5. We have gone through the pleadings and heard the
arguments ... review
committee's recommendations are only recommendations.
This subjective satisfaction of the competent authority,
following the prescribed procedure (none of which has been
seriously
