JAYANTI KUMAR SINHA versus UNION OF INDIA & ORS.

JAYANTI KUMAR SINHA versus UNION OF INDIA & ORS.

The order of compulsory retirement was valid as the appellant's performance was repeatedly assessed as deficient and general disapproval communicated. The post held was responsible and poor performance could not be tolerated. The review committee followed prescribed guidelines, and the appellant alone was found liable for retirement among 19 officers reviewed.

Parties
Appellant: Jayanti Kumar Sinha; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 September 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave From Central Administrative Tribunal Hyderabad (oa No. 522 of 1986)
Outcome
Appeal dismissed
Legal Topics
Compulsory Retirement, Civil Services Regulation, Service Record Assessment, Review Committee Procedure
Civil Services Administrative Law Compulsory Retirement Civil Services Regulation Service Record Assessment Review Committee Procedure

Case Brief

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Parties

Jayanti Kumar Sinha

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Central Administrative Tribunal Hyderabad (oa No. 522 of 1986)

Legal Issues

  1. 1 Whether the order of compulsory retirement of the appellant under Article 459(h) of Civil Services Regulations was valid
  2. 2 Whether the appellant's service record justified compulsory retirement
  3. 3 Whether the retirement order was based on bias or mala fides

Ratio Decidendi

The order of compulsory retirement was valid as the appellant's performance was repeatedly assessed as deficient and general disapproval communicated. The post held was responsible and poor performance could not be tolerated. The review committee followed prescribed guidelines, and the appellant alone was found liable for retirement among 19 officers reviewed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs