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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 from Jharkhand High Court challenged orders of compulsory retirement. The petitioners argued that their entire service records, including recent promotions, were not properly considered. The Supreme Court upheld the compulsory retirement orders, holding that compulsory retirement is not punitive and does not involve civil consequences. The Court ruled that adverse entries relating to integrity—including allegations of sexist conduct toward female officers and assault of a washerman—do not lose their significance even after subsequent promotions. A single adverse entry regarding integrity is sufficient to justify compulsory retirement. The Court emphasised that the evaluation was done by a high-powered Screening Committee and Standing Committee of senior judges, and courts must exercise great restraint before interfering with such collective decisions unless there is evidence of mala fide or perversity. The writ petitions were dismissed."

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Judicial Officers Compulsory Retirement Administrative Law Judicial Review Integrity and Conduct Service Rules

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