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december 2015

Supreme Court of India · 2015-12-11

Shakti Kumar Gupta vs State Of J & K & Anr

Citation / case number
AIR 2016 SUPREME COURT 832
Court
Supreme Court of India
Petitioner
Shakti Kumar Gupta
Respondent
State Of J & K & Anr
Author
Jagdish Singh Khehar
Bench
R. Banumathi, Jagdish Singh Khehar

Judgment text excerpt

The Supreme Court addressed the issue of compulsory retirement of a judicial officer under Rule 24 of the Higher Judicial Service Rules, 2009, which allows for premature retirement based on an evaluation of the officer's record before reaching the ages of 50, 55, and 58 years. The Court emphasized that the High Court must follow the prescribed procedure and consider the overall service record, particularly the last five years, in determining the officer's continued utility. The Court upheld the principles established in All India Judges Association Vs. Union of India, AIR 1993 SC 2493, regarding the assessment criteria for judicial officers' service continuation, affirming the validity of the retirement decision.

Shakti Kumar Gupta vs State Of J & K & Anr · Niyam