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april 1985

Supreme Court of India · 1985-04-10

MURARI MOHAN DEB vs THE SECRETARY TO THE GOVT. OF INDIA & ORS.

Citation / case number
SC 1971/60335
Court
Supreme Court of India
Petitioner
MURARI MOHAN DEB
Respondent
THE SECRETARY TO THE GOVT. OF INDIA & ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that compulsory retirement does not equate to dismissal or removal under Article 311(2) of the Constitution unless it is not in the public interest. The Court found that the appellant, a Forester, was retired without adequate opportunity to be heard and that the authority imposing the penalty was not competent to do so. Consequently, the Court allowed the appeal, declaring the order of compulsory retirement as ab initio illegal and invalid.

MURARI MOHAN DEB vs THE SECRETARY TO THE GOVT. OF INDIA & ORS. · Niyam