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Supreme Court of India 2020-02-27 dismissed

Arun Kumar Gupta vs State of Jharkhand & Anr

Bench: 2 — Deepak Gupta

In Brief

Two judicial officers of Jharkhand challenged compulsory retirement orders under Rule 74(b)(ii) of the Jharkhand Service Code, 2001. The Supreme Court upheld both retirements, holding that compulsory retirement of judicial officers is non-punitive and requires consideration of the entire service record, including pre-promotion adverse entries, especially those involving integrity. The Court affirmed that subsequent promotions do not erase integrity-related adverse remarks. Courts must exercise restraint when reviewing such orders made by High Court committees. Both writ petitions were dismissed as the Court found sufficient material supporting the retirements, particularly involving serious allegations of inappropriate conduct and questions of judicial integrity.

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Judicial Service Compulsory Retirement Judicial Review Administrative Law Integrity and Conduct Constitutional Law Civil Service

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