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2020 Supreme(SC) 324

A.M.KHANWILKAR, DINESH MAHESHWARI
Nisha Priya Bhatia – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner(s):Petitioner-in-person
For the Respondent(s):Arvind Kumar Sharma, Mukesh Kumar Maroria, , Advocates

JUDGMENT

A.M. Khanwilkar, J.

This lis throws up questions regarding striking a legal balance between the State-citizen intercourse in the context of relationship of an employer and employee. The nature of employment under the umbrella of the State is complex and is often determinative of the nature of duty to be performed and the rights to be enjoyed by those must be correlated thereto. To wit, higher the position and responsibilities, the extent and quality of individual rights ought to be inversely proportional in the larger public interest. Thereby giving rise to situations like the present case wherein the ultimate balance between security of a State organisation dealing with sensitive matters of security of the nation and individual interest of a person employed thereat as an intelligence officer, is being put to a legal scrutiny in light of the fundamental constitutional values of justice, liberty, equality and fraternity.

2. This common judgment shall dispose of all the four cases pertaining to and emanating from the action of compulsory retirement of the appellant under Ru


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