Supreme Court of India · 1978-11-02
SMT. S. R. VENKATARAMAN vs UNION OF INDIA & ANR.
- Citation / case number
- SC 1977/61823
- Court
- Supreme Court of India
- Petitioner
- SMT. S. R. VENKATARAMAN
- Respondent
- UNION OF INDIA & ANR.
- Author
- P.N. SHINGAL
- Bench
- P.N. SHINGAL
Judgment text excerpt
The Supreme Court held that the order of compulsory retirement under Fundamental Rules-Rule 56(j)(i) was unjustified as there was no evidence to support the allegations against the appellant, a Joint Director at All India Radio. The Court clarified that malice in law occurs when a discretionary power is exercised for an unauthorized purpose, regardless of good or bad faith. The appeal was allowed, and the impugned order was set aside due to an abuse of power based on non-existing facts.