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SUNEET KUMAR, RAJENDRA KUMAR IV
Association of Retired Supreme Court And H. C. Judges – Appellant
Versus
Union of India – Respondent
JUDGMENT
Heard Shri L.P. Mishra, learned Senior Advocate assisted by Shri Praful Tiwari, Shri Vineet Pandey, learned Chief Standing Counsel, Shri M.C. Chaturvedi, Additional Advocate General for the applicants, Shri Alok Kumar Yadav, learned counsel for the petitioners and Shri Ashish Mishra, learned counsel for the High Court.
2. The recall application dated 19 April 2023, and the exemption application has been filed by the officers of the State directly before the Court with a prayer to recall the order dated 4 April 2023, passed by this Court. The order dated 4 April 2023, is extracted:
(1) Power of High Courts to initiate contempt proceedings cannot be used to obstruct parties or their Counsel from availing legal remedies.(2) Chief Justice does not have power, under Article 229, to....
The court upheld the legitimacy of a judicial officer's premature retirement based on performance evaluation, emphasizing the absence of necessity for a hearing and the subjective satisfaction of the....
Compulsory retirement of judicial officers is lawful under administrative discretion, based on performance assessments, without necessitating a personal examination by the Governor.
Compulsory retirement of Judicial Officers can proceed based on performance assessment; requires no personal discretion from the Governor, acting under constitutional provisions and rules.
Compulsory retirement of judicial officers based on performance assessment is valid under administrative law; procedural adherence to Rules is crucial.
Compulsory retirement of judicial officers based on performance assessments is lawful; natural justice does not apply as such retirement is not punitive but serves public interest.
The authority to retire a Judicial Officer lies with the Governor, acting on High Court recommendations, emphasizing the importance of performance and integrity in public interest retirement decision....
Compulsory retirement of judicial officers requires robust evaluation of performance and integrity; procedural compliance ensures validity of notifications issued under the Governor's name.
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