In Brief
The appellant, a District Judge in Himachal Pradesh, received an adverse Annual Confidential Report entry and was retired by High Court notification at age 58. The High Court later recommended to the Governor compulsory retirement, which the Governor ordered retrospectively in 2017. The Supreme Court held that only the Governor, as appointing authority, can retire judges. The High Court's role is limited to recommendation. Retrospective retirement orders violate service rules. Therefore, the appellant is deemed retired at age 60 and entitled to salary and benefits until that date. The appeal was allowed and the Governor's order set aside.
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