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.