RAM EKBAL SHARMA vs S.N.SINHA

The Supreme Court held that an order of compulsory retirement, although framed in innocuous language, can be challenged if it is based on misconduct. The Court found that the order was made under Rule 74(b)(ii) of the Bihar Service Code, which was deemed punitive as it was based on a report alleging grave financial irregularities without providing the appellant an opportunity to be heard, violating Article 311 of the Constitution. Consequently, the Court quashed the order and directed the reinstatement of the appellant with full back wages.