Back
IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, DONADI RAMESH
Ramesh Kumar Yadav – Appellant
Versus
High Court of Judicature At Allahabad – Respondent
| Table of Content |
|---|
| 1. petitioner was compulsorily retired based on adverse recommendations. (Para 1 , 2) |
| 2. petitioner argues against the validity of the retirement order. (Para 3 , 4) |
| 3. respondents assert the existence of sufficient grounds for retirement. (Para 5) |
| 4. court reviews the arguments presented by both parties. (Para 6 , 7) |
| 5. details of adverse materials against the petitioner are examined. (Para 8 , 9) |
| 6. court finds the adverse remarks and censure entries valid. (Para 10 , 11 , 12) |
| 7. court confirms the screening committee's reliance on adverse records. (Para 13 , 14) |
| 8. court concludes that sufficient adverse material justified retirement. (Para 15 , 16) |
| 9. court distinguishes previous cases cited by the petitioner. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 10. court upholds the decision to retire the petitioner. (Para 25 , 26) |
| 11. writ petition dismissed; no costs awarded. (Para 27) |
JUDGMENT :
Ashwani Kumar Mishra, J.
1. Petitioner is a Judicial Officer. He was initially appointed as Munsif/Civil Judge (Junior Division) on 24.03.2001. He was promoted as Civil Judge (Senior Division) on 16.10.2006. He was granted further promotion to the Higher Judicial Service under rule 22(1)
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....
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 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 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 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....
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....
Court affirmed that compulsory retirement must follow procedural guidelines, with emphasis on subjective satisfaction of authorities based on the entire service record, highlighting narrow scope for ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
