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Supreme Court of India 2020-02-27 dismissed

ARUN KUMAR GUPTA vs STATE OF JHARKHAND

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

Two judicial officers from Jharkhand challenged their compulsory retirement orders. The Supreme Court held that compulsory retirement of judges is not a punishment and has no civil consequences. The entire service record must be considered, including old adverse entries even after promotions. The 'washed-off theory' does not apply to judicial officers, especially regarding integrity issues. Courts must exercise restraint in reviewing such orders, made by senior judicial committees. Both officers had serious integrity concerns—one for sexist conduct and violence against staff, the other for doubtful integrity and bail-granting irregularities. The Court dismissed both petitions, upholding the High Court's collective decision based on constitutional power under Article 235.

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Constitutional Law Judicial Service Administrative Law Compulsory Retirement Judicial Review Service Rules Integrity and Probity of Judges Public Interest

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