STATE OF RAJASTHAN AND ANR. vs SRIPAL JAIN

The Supreme Court held that the order of compulsory retirement under Rule 244(2) of the Rajasthan Service Rules does not require submission to the Governor as it is not considered a punishment under Rule 31(vii)(a). The Court clarified that any procedural defect in the order's form does not render it illegal, provided the Government can demonstrate that the order was indeed passed by it. The appeal by the State of Rajasthan was allowed, overturning the High Court's decision that had ruled the retirement order invalid due to procedural non-compliance with Article 166 of the Constitution.