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K. VINOD CHANDRAN, RAJIV ROY
Sanjiv Kumar Chandhariyavi – Appellant
Versus
High Court of Judicature at Patna through its Registrar General – Respondent
K. Vinod Chandran, CJ.—A Judicial Officer compulsorily retired from service is before this Court challenging his severance from service.
2. Shri Jitendra Kumar Singh, learned Senior Advocate appeared for the petitioner and argued for setting aside the order of compulsory retirement. The petitioner who was initially appointed as a Civil Judge (Junior Division) was promoted as a Civil Judge (Senior Division) and immediately thereafter suspended from service. The suspension was based on allegations with respect to which an inquiry was initiated. The inquiry was proceeded with and the evidence of the department was completed. While so, abruptly the proceedings were kept in abeyance as also the suspension and the officer was compulsorily retired. The learned Senior Counsel would stress on the aspect of the hasty manner in which the compulsory retirement was carried out especially when the inquiry was at the stage of the evidence of the delinquent employee. The doctrine of pleasure insofar as a compulsory retirement is concerned, cannot be invoked in a vacuum nor on extraneous considerations. When charges have been levelled and a disciplinary proceeding initiated, necessarily it has to be
The decision to compulsorily retire a government servant under FR 56(j) must be made in public interest, and judicial scrutiny is limited to cases of mala fide exercise of power or lack of evidence. ....
The order of compulsory retirement of a judicial officer under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996, is not arbitrary, unreasonable, discriminatory, or mala fide if it is ....
The main legal point established in the judgment is that adverse entries regarding integrity do not lose their significance and a single adverse entry is sufficient to warrant compulsory retirement i....
Point of Law : Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, con....
The decision to compulsorily retire a judicial officer should be based on the entire service records, including adverse entries, and the subjective satisfaction of the authority concerned. The court ....
Compulsory retirement of a judicial officer is justified based on subjective satisfaction regarding integrity, even with adverse entries, and judicial review is limited to the decision-making process....
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