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RAJAN ROY, OM PRAKASH SHUKLA
Anil Kumar – Appellant
Versus
State Of U. P. Thru. Secy. Niyukti Anubhag- 4,Lko. – Respondent
JUDGMENT :
Rajan Roy, J.
1. Heard Sri Sheikh Wali Uz Zaman, learned counsel for the petitioner, Sri Gaurav Mehrotra, learned counsel for the High Court, Sri M.K. Dwivedi, learned Standing Counsel for State-respondent.
2. By means of this petition, the petitioner, a compulsorily retired judicial officer in the State of U.P., has challenged the recommendations of the Screening Committee dated 11.06.2020 and 15.06.2020, the Resolution of Full Court of the Allahabad High Court dated 25.11.2021 for his compulsory retirement as also his compulsory retirement order dated 29.11.2024. He has sought his reinstatement in service with all consequential benefits of seniority, arrears of salary etc.
3. The facts of the case in brief are that the petitioner was appointed on the post of Munsif/ Civil Judge (Junior Division) and became a member of U.P. Nyayik Sewa on 22.03.1996. He was promoted as Civil Judge (Senior Division) on 15.12.2003. Thereafter, he was further promoted to Higher Judicial Service and was posted as Additional District Judge on 16.08.2013. For the year 2012-13, the District Judge, Badaun recorded an adverse Confidential Report and did not certify his integrity for the said period.
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....
Compulsory retirement of judicial officers is based on overall performance and integrity, not merely on disciplinary findings, and is not considered a punishment.
The court affirmed that a judicial officer can be compulsorily retired based on adverse material in their service record, emphasizing that such action is not punitive and does not require adherence t....
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....
Compulsory retirement must be based on substantial evidence and a comprehensive review of an officer's entire service record, ensuring adherence to principles of natural justice.
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 government servant is based on the subjective satisfaction of the employer, and judicial interference is limited to specific grounds such as non-application of m....
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