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NANDITA DUBEY
Bheemrao Bagde – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This petition calls in question the legality and validity of the order dated 18.12.2003, whereby the petitioner has been compulsorily retired in public interest exercising the power under Rule 42(1)(b) of M.P. Civil Services (Pension) Rules, 1976.
2. The aforesaid order has been assailed interalia on the ground that the same has been passed without summoning and considering petitioner's entire service record. The stand of the petitioner is that his case was not placed before the duly constituted screening committee and as such the procedure prescribed under the circulars dated 22.08.2000 and 20.03.2003 has not been followed, under the circumstances his compulsory retirement in public interest is wholly unjustifiable. It is further argued that he has been retired as a punishment purely on the basis of a single penalty of reversion. Further no approval was sought from the State Government not notice as required under Rule 56 or 3 months salary as provided under Rule 42 of Pension Rules was paid.
3. Per contra, the stand of respondents is that the impugned order has been passed strictly in accordance with law after considering the entire service record of the petitioner. It i
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....
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 order of compulsory retirement based on the subjective satisfaction of the employer is subject to narrow judicial review, and the principle of natural justice does not apply in such cases.
An order of compulsory retirement must be based on a thorough assessment of the entire service record of the employee, and if it casts a stigma or is based solely on disciplinary actions without cons....
The order of compulsory retirement of a judicial officer under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996, is not arbitrary, unreasonable, discriminatory, or mala fide if it is ....
Compulsory retirement must be based on a holistic assessment of the employee's service record and not merely on isolated past penalties; it should not serve as a punitive measure.
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