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august 1970

Supreme Court of India · 1970-08-12

UNION OF INDIA vs COL. J. N. SINHA AND ANR.

Citation / case number
SC 1970/60080
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
COL. J. N. SINHA AND ANR.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the principles of natural justice do not apply when a statutory provision, such as Rule 56(j) of the Fundamental Rules, explicitly allows for compulsory retirement without the necessity of providing an opportunity to show cause. The Court clarified that these principles can only operate in areas not covered by valid law, and since Rule 56(j) does not mandate a hearing, the High Court's ruling was overturned. The Court emphasized that the authority's opinion on public interest in such matters is absolute and cannot be challenged if formed bona fide.

UNION OF INDIA vs COL. J. N. SINHA AND ANR. · Niyam