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Supreme Court of India 2022-02-04 allowed

Central Industrial Security Force vs HC (GD) Om Prakash

Bench: 2 — Hemant Gupta

In Brief

Head Constable Om Prakash challenged his premature retirement after 30 years of service. The High Court had set aside the retirement, holding that penalties and adverse remarks prior to his 2000 promotion should be ignored and that his recent ACRs were good. The Supreme Court reversed this, holding that compulsory retirement must be based on the entire service record, including pre-promotion adverse entries. While recent performance carries weight, it cannot ignore old records concerning integrity or slackening efficiency. The Court found no mala fides in the retirement decision and allowed the appeal, dismissing the writ petition.

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Administrative Law Government Employment Premature Retirement Service Law Pension Judicial Review

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