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1963 Supreme(SC) 20

K. N. WANCHOO, M. HIDAYATULLAH, J. C. SHAH, B. P. SINHA, P. B. GAJENDRAGADKAR
State Of Rajasthan – Appellant
Versus
Sripal Jain – Respondent


Advocates:
G.C.KASLIVAL, K.K.JAIN, P.D.MENON, S.K.KAPOOR, Veda Vyasa

Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Rajasthan High Court. The respondent was in the service of the State of Rajasthan and at the material time was a circle inspector. He was compulsorily retired from service on September 3, 1960 under R. 244 (2) of the Rajasthan Service Rules, (hereinafter referred to as the Service Rules). The order for his retirement was communicated to him by the Inspector General of Police, Rajasthan, on April 11, 1960. The respondent however made representations to the Government and the order was kept in abeyance and was finally put into effect from September 3, 1960, after the Government had rejected the representation. The Government ordered on September 2, 1960 that the order of April 11,1960 regarding compulsory retirement should be put into immediate effect. The respondent thereupon filed a writ petition in the High Court and contended inter alia that the Inspector General of Police had no authority to order his compulsory retirement under R. 244 (2) of the Service Rules. He also contended that the order amounted to punishment within the meaning of R. 14 of the Rajasthan Civil Services (Classification, Con



























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