Back
SANJIB BANERJEE, H. S. THANGKHIEW
Union of India – Appellant
Versus
Joseph K. S. – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - Over the ages, jurists of unquestionable eminence have instructed that the life of law is not logic; but it does not follow that law is illogical or that it may defy common sense.
2. The appellants herein, on the strength of high authorities that have ruled the field for decades, seek to suggest as absolute a legal proposition that jars at first blush. The appellants read such judicial precedents that cannot be questioned at this level to suggest that even though a government employee must be made aware of every adverse remark in his ACR that may stand in the way of his candidature being considered for future promotion; but when such adverse remark may result in the services of the concerned employee not being retained after the completion of a specified number of years in service or upon the employee attaining a specific age, the communication of such adverse remark is not mandatory and may be dispensed with. Quite plainly, it would not stand to reason that a higher right is conferred when it comes to the denial of consideration for promotion, tha
Point of Law : Compulsory retirement from service is not considered to be a punishment.
Point of Law :Compulsory retirement from service is not considered to be a punishment.
Point of Law : Compulsory retirement from service is not considered to be a punishment.
Point of Law : Compulsory retirement from service is not considered to be a punishment.
Uncommunicated adverse remarks in ACRs can be considered for compulsory retirement under Rule 48(1)(b) of the Central Civil Service (Pension) Rules, 1972.
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 ....
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
