C.D. AILAWADI versus UNION OF INDIA & ORS.

C.D. AILAWADI versus UNION OF INDIA & ORS.

The Committee formed the requisite opinion on the basis of the service record that petitioner was not useful and should be retired prematurely; there was no satisfactory material to prove collateral grounds or arbitrariness.

Parties
Petitioner: C.D. Ailawadi; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
01 March 1990
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Compulsory Retirement, Fundamental Rules, Judicial Review
Civil Service Law Compulsory Retirement Fundamental Rules Judicial Review

Case Brief

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Parties

C.D. Ailawadi

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the compulsory retirement order under Fundamental Rule 56(j)(i) was valid and in public interest
  2. 2 Whether the requisite review and opinion were formed before the compulsory retirement

Ratio Decidendi

The Committee formed the requisite opinion on the basis of the service record that petitioner was not useful and should be retired prematurely; there was no satisfactory material to prove collateral grounds or arbitrariness.

Court Disposition

Petition dismissed

Orders

  • No order as to costs