U. P. JAL NIGAM AND ANR. versus SYED KHADIM WARIS

U. P. JAL NIGAM AND ANR. versus SYED KHADIM WARIS

Order of compulsory retirement based on an adverse entry against which representation was pending and another uncommunicated entry cannot be sustained. Proper procedure requires communication of all relevant adverse entries and consideration of representation before passing such order.

Parties
Appellant: U.P. Jal Nigam; Respondent: Syed Khadim Waris
Jurisdiction
India
Judgment Date
13 November 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Order
Outcome
Appeal allowed; impugned High Court order set aside; matter restored to pre-compulsory retirement stage
Legal Topics
Compulsory Retirement, Adverse Entries in Service Record, Representation Against Adverse Entry
Service Law Compulsory Retirement Adverse Entries in Service Record Representation Against Adverse Entry

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Parties

U.P. Jal Nigam

Appellant

Syed Khadim Waris

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Order

Legal Issues

  1. 1 Whether the order of compulsory retirement was valid when based on an adverse entry against which representation was pending and another uncommunicated adverse entry

Ratio Decidendi

Order of compulsory retirement based on an adverse entry against which representation was pending and another uncommunicated entry cannot be sustained. Proper procedure requires communication of all relevant adverse entries and consideration of representation before passing such order.

Court Disposition

Appeal allowed; impugned High Court order set aside; matter restored to pre-compulsory retirement stage

Orders

  • Nigam to communicate 1984-85 adverse entry to respondent and seek time-bound representation
  • Department to pass fresh order of compulsory retirement based on entire service record after considering representation