Supreme Court of India · 2013-01-23
RAJESH GUPTA vs STATE OF J&K .
- Citation / case number
- SC 2011/14980
- Court
- Supreme Court of India
- Petitioner
- RAJESH GUPTA
- Respondent
- STATE OF J&K .
- Author
- ANIL R. DAVE SURINDER SINGH NIJJAR
- Bench
- ANIL R. DAVE SURINDER SINGH NIJJAR
Judgment text excerpt
The Supreme Court upheld the decision of the Jammu and Kashmir High Court, confirming the premature retirement of the appellant under Article 226 of the Jammu and Kashmir Civil Services Regulations, 1956. The Court found that the appellant's promotion was not effective due to ongoing inquiries and that the premature retirement was justified based on the recommendations of the constituted committee. The Court emphasized that the absence of departmental action against the appellant did not preclude the state from exercising its power of premature retirement.