Supreme Court of India · 1988-05-11
REGISTRAR. HIGH COURT OF MADRAS ETC. vs R. RAJIAH AND K. RAJESWARAN
- Citation / case number
- SC 1984/68315
- Court
- Supreme Court of India
- Petitioner
- REGISTRAR. HIGH COURT OF MADRAS ETC.
- Respondent
- R. RAJIAH AND K. RAJESWARAN
- Author
- M.M. DUTT
- Bench
- M.M. DUTT
Judgment text excerpt
The Supreme Court held that under Article 235 of the Constitution, the High Court has the power to recommend compulsory retirement of members of the State Judicial Service, but the formal order must be issued by the Governor. The Court found that the High Court's orders for compulsory retirement of the respondents were invalid due to lack of material justifying such action and improper constitution of the Review Committees. Consequently, the Court upheld the High Court's decision to quash the retirement orders, emphasizing the necessity of due process in such administrative actions.