Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA : HYDERABAD
P. Sam Koshy, Narsing Rao Nandikonda, JJ
Mohd. Yousuf, S/o.Md.Raffi – Appellant
Versus
Hon’ble High Court of Judicature at Hyderabad – Respondent
ORDER :
Narsing Rao Nandikonda, J.
1. This writ petition is filed challenging the impugned order passed by respondent No.2, wherein petitioner was placed under compulsory retirement from service with effect from 30.04.2018 A.N. on attaining the age of 50 years in the public interest vide G.O.Ms.No.26, dated 24.04.2018 and consequential proceeding issued by respondent No.1, vide ROC No.2149/2018-B.Special, dated 25.04.2018.
2. The brief facts of the case are that petitioner entered into the Judicial Ministerial Service as a Copyist on 25.09.1995 and was promoted to the post of Stenographer in the year 1996. Thereafter, the petitioner was recruited to the post of Judicial Officer i.e., Junior Civil Judge by transfer on 31.10.2010 and underwent training for a period of four (4) months from 01.09.2010 to 31.12.2010 and posted as Junior Civil Judge, Sirpur at Adilabad District where he joined duty on 01.01.2011. He was posted as II Metropolitan Magistrate, L.B., Nagar from 15.04.2015 to 06.12.2015. Later he was posted as XIII Metropolitan Magistrate, L.B.Nagar from 07.12.2015 to 07.05.2017. Subsequently, he was posted as Junior Civil Judge, Zaheerabad from 08.05.2017 till 30.04.2018, i.e.,
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 should be based on the entire service records, including adverse entries, and the subjective satisfaction of the authority concerned. The court ....
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 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....
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....
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.
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
