STATE OF RAJASTHAN AND ANR versus SRIPAL JAIN

STATE OF RAJASTHAN AND ANR versus SRIPAL JAIN

Compulsory retirement under Rule 244(2) of the Rajasthan Service Rules is not a penalty, and Rule 31(vii)(a) of the Rules of Business does not require submission to the Governor for such cases. The order of compulsory retirement, though communicated by the Inspector-General of Police and not strictly in the form required by Article 166, was in fact passed by the Government and is valid.

Parties
Appellant: State of Rajasthan; Respondent: Sripal Jain
Jurisdiction
India
Judgment Date
24 January 1963
Procedural Posture
Civil Appeal by Special Leave / Appeal From the Judgment and Order of the Rajasthan High Court in D. B. Civil Writ No. 416 of 1960, Decided on February 23, 1961
Outcome
Appeal allowed, High Court order set aside.
Legal Topics
Compulsory Retirement, Interpretation of Service Rules, Powers of Inspector General of Police, Scope of Article 311 of the Constitution of India, Procedure for Compulsory Retirement, Form of Governmental Order Under Article 166
Administrative Law Service Law Public Employment Compulsory Retirement Interpretation of Service Rules Powers of Inspector General of Police Scope of Article 311 of the Constitution of India Procedure for Compulsory Retirement +1 more

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Parties

State of Rajasthan

Appellant

Sripal Jain

Respondent

Procedural Posture

Civil Appeal by Special Leave / Appeal From the Judgment and Order of the Rajasthan High Court in D. B. Civil Writ No. 416 of 1960, Decided on February 23, 1961

Legal Issues

  1. 1 Whether an order of compulsory retirement under Rule 244(2) of the Rajasthan Service Rules must be submitted to the Governor under Rule 31(vii)(a) of the Rules of Business.
  2. 2 Whether such an order can be made by the Inspector-General of Police or must be made by the Government.
  3. 3 Whether the order is invalid for not conforming to the form required by Article 166 of the Constitution of India.

Ratio Decidendi

Compulsory retirement under Rule 244(2) of the Rajasthan Service Rules is not a penalty, and Rule 31(vii)(a) of the Rules of Business does not require submission to the Governor for such cases. The order of compulsory retirement, though communicated by the Inspector-General of Police and not strictly in the form required by Article 166, was in fact passed by the Government and is valid.

Court Disposition

Appeal allowed, High Court order set aside.

Orders

  • Writ petition of respondent dismissed.
  • No order as to costs.