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september 1957

Supreme Court of India · 1957-09-25

THE STATE OF BOMBAY vs SAUBHAGCHAND M. DOSHI

Citation / case number
SC 1955/87
Court
Supreme Court of India
Petitioner
THE STATE OF BOMBAY
Respondent
SAUBHAGCHAND M. DOSHI
Bench
DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,KAPUR, J.L.,SARKAR, A.K.

Judgment text excerpt

The Supreme Court upheld the validity of Rule 165-A of the Bombay Civil Services Rules, stating that it does not violate Article 311(2) of the Constitution of India. The Court clarified that an order made under this rule, which allows for the compulsory retirement of a government servant after 25 years of service or upon reaching 50 years of age, is not considered a dismissal or removal. Consequently, the Court ruled that the impugned order terminating the respondent's services was valid and intra vires, affirming the High Court's decision in Shyam Lal v. The State of Uttar Pradesh, (1955) 1 S.C.R. 26.

THE STATE OF BOMBAY vs SAUBHAGCHAND M. DOSHI · Niyam