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TASHI RABSTAN, RAJESH SEKHRI
State of Jammu & Kashmir, Through Commissioner/Secretary to Govt. , General Administration Department – Appellant
Versus
Chamel Singh S/o. Late Sh. Ganga Ram – Respondent
JUDGMENT :
Tashi Rabstan, J.
1. This Letters Patent Appeal is directed against the judgment and order dated 02.07.2018 delivered by the learned Single Bench in SWP No.2666/2016 titled ‘Chamel Singh v. State of J&K and others’, whereby the learned Single Judge, while allowing the writ petition, quashed the impugned order, bearing No.1269-GAD of 2016 dated 21.11.2016 compulsory retiring the writ petitioner from service in public interest with effect from 21.11.2016 in exercise of powers under Article 226(2) of the Jammu and Kashmir Civil Services Regulations.
2. Heard learned counsel appearing for the parties, considered their rival contentions, and perused the appeal file.
3. The term or phrase “compulsory retirement” in service law has been generally used in relation to cases where an employee has been directed that his services are no longer required before he reaches the normal age of retirement prescribed by the rules. In other words, in substance, there is a premature end of the relationship of master and servant before the servant reaches the prescribed age of retirement or superannuation. Premature retirement is, therefore, a more apt expression to convey the concept with which t
The central legal point established in the judgment is the requirement for a valid material and objective assessment for compulsory retirement, the duty of the employer to disclose relevant materials....
Compulsory retirement of government employees must be based on substantial evidence and a thorough examination of service records; otherwise, it is deemed arbitrary.
The main legal point established in the judgment is that the decision to compulsorily retire a government servant must be based on valid material and a bona fide opinion in the public interest. Compu....
The main legal point established in the judgment is that compulsory retirement of a government servant must be based on valid material and cannot be sustained solely on the basis of criminal cases. T....
Compulsory retirement of a public servant must be justified by valid material and a bona fide opinion of public interest; mere allegations or involvement in criminal cases are insufficient for such a....
Compulsory retirement invalid without full service record review; pending FIR involvement alone, absent adverse entries or conviction, cannot justify order, rendering it punitive rather than public i....
Compulsory retirement invalid without cogent material from service record proving doubtful integrity; mere FIR involvement despite acquittals and clean APRs cannot justify order, which must consider ....
The assessment of an employee's entire service record is crucial for deciding on compulsory retirement, and the order must be based on proper grounds and subjective satisfaction of the authority.
The decision of compulsory retirement is based on the subjective satisfaction of the employer, and the entire service record of the employee must be considered. The court's scope of judicial review i....
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