KIRTI BHUSAN SINGH versus STATE OF BIHAR & ORS.

KIRTI BHUSAN SINGH versus STATE OF BIHAR & ORS.

The State Government lacked authority to revoke an order of retirement on medical grounds which had become effective and final; Rule 73(f) of the Bihar Service Code did not apply to the appellant's invalid pension retirement, and subsequent dismissal was a nullity.

Source-derived case information.

Parties
Appellant: Kirti Bhusan Singh; Respondent: State of Bihar; Respondent: Others
Jurisdiction
India
Judgment Date
16 July 1986
Procedural Posture
Civil Appeal / Supreme Court Appeal Against Patna High Court Judgment
Outcome
appeal allowed
Legal Topics
Invalid Pension, Retirement on Medical Grounds, Dismissal From Service, Departmental Enquiry, Revocation of Retirement Order
Service Law Administrative Law Invalid Pension Retirement on Medical Grounds Dismissal From Service Departmental Enquiry Revocation of Retirement Order

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Parties

Kirti Bhusan Singh

Appellant

State of Bihar

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Patna High Court Judgment

Legal Issues

  1. 1 Whether the State Government could revoke an order of retirement on medical grounds which had become effective and final.
  2. 2 Whether Rule 73(f) of the Bihar Service Code applied to retirement on medical grounds during pending departmental proceedings.

Ratio Decidendi

The State Government lacked authority to revoke an order of retirement on medical grounds which had become effective and final; Rule 73(f) of the Bihar Service Code did not apply to the appellant's invalid pension retirement, and subsequent dismissal was a nullity.

Court Disposition

appeal allowed

Orders

  • Judgment of the Patna High Court set aside.
  • Order of revocation of retirement by State Government dated October 5, 1963 quashed.