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1995 Supreme(SC) 919

B.L.HANSARIA, K.RAMASWAMY
Union Of India – Appellant
Versus
Ajoy Kumar Patnaik – Respondent


Advocates:
C.V.SUBBA RAO, Devendra Singh, N.N.GOSWAMY, Y.P.MAHAJAN

(1) LEAVE granted.

(2) THIS appeal by special leave arises from the order of the central Administrative tribunal, Bombay bench dated 19-7-1991 made in OA No. 425 of 1986. The respondents case, while working as Collector of Customs (Appeals) at Bombay, after completing 50 years of service (sic age), had come up before a Screening Committee consisting of senior officers to review the respondents performance for continuance in service. The Committee met on 11/2/1984. On consideration of the entire material placed before it, it recommended to compulsorily retire the respondent from service under Fundamental Rule 56(j) on "doubtful integrity". The competent authority passed the order on 10/2/1986 under FR 56(j) of the Fundamental Rules compulsorily retiring him in public interest. As slated earlier, the respondent had questioned the correctness thereof in the Administrative tribunal which by its order had set aside the order on the ground that there are no adverse entries in the character rolls of "doubtful integrity" of the respondent and that, therefore, the two instances should not be taken into consideration in compulsorily retiring the respondent from service.

(3)












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