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september 1977

Supreme Court of India · 1977-09-19

STATE OF UTTAR PRADESH vs CHANDRA MOHAN NIGAM & OTHERS

Citation / case number
SC 1974/60500
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
CHANDRA MOHAN NIGAM & OTHERS
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that the instructions issued by the Central Government regarding the procedure for reviewing an officer's service records under Rule 16(3) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, are binding on the Government and must be followed to avoid prejudice to the government servant. The Court ruled that once a Review Committee has made a recommendation and the Central Government does not take prejudicial action, a second Review Committee cannot reassess the case on the same materials unless exceptional circumstances arise. The Court distinguished the principles of preventive detention from compulsory retirement, emphasizing that the latter does not carry a stigma and does not infringe on fundamental rights under Article 21 of the Constitution.

STATE OF UTTAR PRADESH vs CHANDRA MOHAN NIGAM & OTHERS · Niyam