Supreme Court of India · 1998-12-03
STATE OF GUJARAT vs SURYAKANT C. SHAH
- Citation / case number
- SC 1998/11938
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT
- Respondent
- SURYAKANT C. SHAH
- Author
- S.P. KURDUKAR. S. SAGHIR AHMAD
- Bench
- S.P. KURDUKAR. S. SAGHIR AHMAD
Judgment text excerpt
The Supreme Court upheld the decision of the Gujarat High Court which had set aside the order of compulsory retirement of the respondent under Rule 161 of the Bombay Civil Services Rules, 1959. The Court found that the Review Committee's doubts regarding the integrity of the respondent did not justify the drastic action of compulsory retirement, especially in light of ongoing criminal proceedings against him. The Court emphasized that such punitive measures must be proportionate and justified, particularly when the employee is under suspension and not in active service.