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MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI
Ashok Kumar Gupta S/o. Late Sh. Hari Krishna Gupta – Appellant
Versus
Rajasthan High Court, Jodhpur, through Its Registrar General – Respondent
ORDER :
Manindra Mohan Shrivastava, J.
1. Instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:
i) the impugned order Annex-P/7 dated 25.05.2011 along with Government Order dated 24.05.2011, whereby the petitioner was compulsorily retired from the services, may kindly be quashed and set aside and the petitioner may kindly be ordered to be reinstated with all consequential benefits.
ii) the impugned adverse communication dated 16.05.2011 (Annex-P/6) may kindly be declared as null and void and the same may kindly be quashed and set aside.
iii) The writ petition preferred by the petitioner may kindly be allowed with costs.
iv) any other appropriate order which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.”
2. The petitioner, who was working as Additional District and Sessions Judge, is aggrieved by impugned order dated 24.05.2011 by which he has been compulsorily retired from service in public interest under Rule 53(1) of the Rajasthan Civil Services (Pension) R
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 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 ....
The judgment establishes the legal principle that the decision to compulsorily retire a Judicial Officer must be based on a comprehensive assessment of the entire service record, with limited scope f....
The decision to compulsorily retire a judicial officer in public interest is based on the entire service records, especially adverse entries relating to integrity, and requires circumspection in judi....
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....
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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