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august 1989

Supreme Court of India · 1989-08-10

BAIDYANATH MAHAPATRA vs STATE OF ORISSA & ANR.

Citation / case number
SC 1989/72437
Court
Supreme Court of India
Petitioner
BAIDYANATH MAHAPATRA
Respondent
STATE OF ORISSA & ANR.
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court held that the premature retirement of the appellant, an Assistant Engineer, was invalid as it was based on adverse entries in his service record that were not communicated in a timely manner, violating Rule 71(a) of the Orissa Service Code. The Court emphasized that prior adverse entries lose significance once a government servant is promoted based on merit, and belated communication of such entries denies the opportunity for improvement and representation. The Court set aside the order of premature retirement, reinforcing the need for timely communication of adverse remarks and consideration of representations against them.

BAIDYANATH MAHAPATRA vs STATE OF ORISSA & ANR. · Niyam