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Supreme Court of India · 2014-03-28

H.C. OF JUDICATURE AT PATNA THR. R.G. vs SHYAM DEO SINGH .

Citation / case number
SC 2001/7616
Court
Supreme Court of India
Petitioner
H.C. OF JUDICATURE AT PATNA THR. R.G.
Respondent
SHYAM DEO SINGH .
Author
RANJAN GOGOI
Bench
P SATHASIVAM,RANJAN GOGOI,N.V. RAMANA

Judgment text excerpt

The Supreme Court held that the entitlement to extension of service for a judicial officer beyond the age of 58 must be determined based on the individual's service record, not by comparing it with others. The Court found that the High Court's reliance on uncommunicated adverse remarks in the respondent's ACR was unjustified, as these remarks were unsubstantiated and contradicted by subsequent promotions. Consequently, the Supreme Court set aside the High Court's order, affirming the decision to retire the respondent at the age of 58 under Article 226 of the Constitution.

H.C. OF JUDICATURE AT PATNA THR. R.G. vs SHYAM DEO SINGH . · Niyam