https://www.taxtmi.com/caselaws?id=296370 Rule 135 governing compulsory retirement of intelligence personnel operates as a special, non-penal service measure directed at security and exposure concerns, rather than as dismissal, removal or reduction in rank. Its terms "security" and "exposure" are treated as sufficiently intelligible, and prior notice or departmental inquiry is not required by implication. The pensionary discretion under the rule is construed beneficially, requiring pension and related benefits to be calculated by reference to notional superannuation despite the general pension-withholding framework. Delayed and insensitive handling of a sexual-harassment complaint, including defects in the complaints mechanism, violates dignity and fundamental rights and warrants public-law compensation. Courts cannot require rule-making authorities to enact a specified procedural regime. en-us Fri, 24 Apr 2020 00:00:00 +0530 Sat, 17 Jul 2021 07:26:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296370 Rule 135 governing compulsory retirement of intelligence personnel operates as a special, non-penal service measure directed at security and exposure concerns, rather than as dismissal, removal or reduction in rank. Its terms "security" and "exposure" are treated as sufficiently intelligible, and prior notice or departmental inquiry is not required by implication. The pensionary discretion under the rule is construed beneficially, requiring pension and related benefits to be calculated by reference to notional superannuation despite the general pension-withholding framework. Delayed and insensitive handling of a sexual-harassment complaint, including defects in the complaints mechanism, violates dignity and fundamental rights and warrants public-law compensation. Courts cannot require rule-making authorities to enact a specified procedural regime. Case-Laws Indian Laws Fri, 24 Apr 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296370