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march 1990

Supreme Court of India · 1990-03-01

C.D. AILAWADI vs UNION OF INDIA & ORS.

Citation / case number
SC 1983/65914
Court
Supreme Court of India
Petitioner
C.D. AILAWADI
Respondent
UNION OF INDIA & ORS.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court upheld the order of compulsory retirement of the petitioner under rule 56(j)(i) of the Fundamental Rules, affirming that such retirement is not punitive and serves the public interest by removing ineffective personnel. The Court established that a civil servant can challenge such an order only on specific grounds, including lack of requisite opinion or arbitrary decision-making. In this case, the petitioner failed to demonstrate that the decision was based on collateral grounds or was arbitrary, thus the order was deemed valid.

C.D. AILAWADI vs UNION OF INDIA & ORS. · Niyam