Supreme Court of India · 2005-01-05
ISHWAR SINGH vs STATE OF RAJASTHAN
- Citation / case number
- SC 2003/23790
- Court
- Supreme Court of India
- Petitioner
- ISHWAR SINGH
- Respondent
- STATE OF RAJASTHAN
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & S.H. KAPADIA
Judgment text excerpt
The Supreme Court upheld the Rajasthan High Court's decision affirming the pre-mature retirement of the appellant under Rule 244(2)(i) of the Rajasthan Service Rules, 1951, stating that the employer's assessment of the appellant's declining performance justified the action. The Court clarified that the revision power under Section 128 of the Rajasthan Cooperative Societies Act, 1965, was correctly exercised by the Secretary, as the Additional Registrar lacked jurisdiction. The Court held that the revision power was not exhausted by the Additional Registrar's order, thus validating the Secretary's intervention.