STATE OF GUJARAT vs UMEDBHAI M. PATEL

The Supreme Court upheld the Gujarat High Court's decision to set aside the order of compulsory retirement of an Executive Engineer under Rule 161(1) of the Bombay Civil Services Rules, 1959, stating that the order was punitive and lacked a proper inquiry or opportunity for the respondent to defend himself. The Court reiterated that compulsory retirement must be in public interest and based on a thorough review of the employee's record, as established in State of Orissa & Ors vs. Ram Chandra Das (1996) 5 SCC 331. The Court concluded that the order was illegal due to the absence of sufficient evidence and due process.