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2023 Supreme(SC) 194

A. S. BOPANNA, HIMA KOHLI
Captain Pramod Kumar Bajaj – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) : Appellant-in-person
For the Respondent(s) Mr. Sanjay Jain, A.S.G. Mr. Zoheb Hussain, Adv. Mr. Padmesh Mishra, Adv. Mr. Apoorv Kurup, Adv. Mr. Sunita Sharma, Adv. Mr. Rajat Nair, Adv. Ms. Tanya Aggarwal, Adv. Mr. Shivam Shukla, Adv. Mr. Raj Bahadur Yadav, AOR

Judgement Key Points

What is the legality of compulsory retirement under FR 56(j) in public interest and whether it can be used to short-circuit disciplinary proceedings?

What are the requirements to avoid stigma or punitive character in an order of compulsory retirement under Article 311 and related constitutional provisions?

What standards govern judicial review of an order of compulsory retirement and when can the order be quashed or set aside on grounds of lack of public interest or mala fide/malice?


JUDGMENT :

HIMA KOHLI, J.

1. The appellant is aggrieved by the judgment dated 31st May, 2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench upholding the order dated 9th December, 2020 passed by the Central Administrative Tribunal1[For short ‘Tribunal’], Principal Bench, that had turned down the challenge laid by him to an order dated 27th September, 2019, passed by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India communicating the decision of the President of India to compulsorily retire him, in exercise of powers conferred under Rule 56(j) of the Fundamental Rules.2[For short ‘FR 56(j)’]

FACTS OF THE CASE

2. The present case has a chequered history with multiple rounds of litigations spewed between the appellant and the respondents. To have an overview of the matter, we may briefly refer to some facts relevant for deciding the present Appeal. The appellant was a Permanent Commissioned Officer in the Indian Army, inducted in the year 1980. Due to a physical disability suffered by him in the course of Army operat


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