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SUBHASH VIDYARTHI, RAJAN ROY
Shobh Nath Singh – Appellant
Versus
State Of Uttar Pradesh Thru. Chief Secy. Lko. – Respondent
JUDGMENT :
(Subhash Vidyarthi, J.)
1. Heard Shri Manoj Kumar Mishra, and Shri Shivam Sharma, the learned counsels for the petitioner, learned Standing Counsel appearing for the respondent No.1-State of Uttar Pradesh and Shri Gaurav Mehrotra, the learned counsel appearing for the respondent No.2-High Court of Judicature at Allahabad.
2. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an Office Memorandum dated 29.11.2021 issued by the State Government, whereby the petitioner has been retired prematurely. The petitioner has also challenged the validity of the recommendation for his compulsory retirement made by the High court, which was communicated through a letter dated 26.11.2021.
3. Briefly stated, facts of the case are that the petitioner was appointed as an Additional Munsif in Uttar Pradesh Judicial Services in the year 2003. In the year 2008, he was promoted to a post of Civil Judge (Senior Division). In the year 2010-2011, he was given adverse remarks in his Annual Confidential Report and his integrity was not certified as there were oral complaints against him regarding dishonesty and corrupti
Compulsory retirement of judicial officers is based on overall performance and integrity, not merely on disciplinary findings, and is not considered a punishment.
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....
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 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 ....
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.
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....
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