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Supreme Court of India 2020-02-27 dismissed

ARUN KUMAR GUPTA vs STATE OF JHARKHAND & ANR

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

Two judicial officers from Jharkhand challenged orders compulsorily retiring them under Rule 74(b)(ii) of the Jharkhand Service Code, 2001. The Supreme Court upheld the retirements, holding that compulsory retirement is non-punitive and does not involve civil consequences. While judicial review is available on limited grounds (mala fide, no evidence, or arbitrary orders), courts must exercise restraint regarding collective decisions by senior High Court judges. Adverse entries relating to judicial officers' integrity do not lose significance even after promotions; the entire service record must be considered. In this case, serious allegations regarding sexist conduct and physical abuse against one officer, and integrity concerns and knowledge deficiencies against the other, justified the Screening Committee and Standing Committee's decisions to compulsorily retire both.

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Judicial Officers Compulsory Retirement Service Law Constitutional Law Judicial Review Public Interest Integrity and Probity

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