https://www.taxtmi.com/caselaws?id=434998 FR 56(j) permits compulsory retirement of a government servant in public interest, but the power must rest on valid material and assessment of the entire service record. Such an order is ordinarily non-punitive and does not attract Article 311(2) unless it carries stigma or serves as a disguised punishment. On the facts, the officer's long clean record, unsubstantiated complaints, and the proximity of pending disciplinary proceedings showed that the stated public-interest basis was not credible. The Court therefore treated the order as a colourable exercise of power intended to bypass disciplinary action, and held it unsustainable. en-us Fri, 03 Mar 2023 00:00:00 +0530 Fri, 10 Mar 2023 11:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=434998 FR 56(j) permits compulsory retirement of a government servant in public interest, but the power must rest on valid material and assessment of the entire service record. Such an order is ordinarily non-punitive and does not attract Article 311(2) unless it carries stigma or serves as a disguised punishment. On the facts, the officer's long clean record, unsubstantiated complaints, and the proximity of pending disciplinary proceedings showed that the stated public-interest basis was not credible. The Court therefore treated the order as a colourable exercise of power intended to bypass disciplinary action, and held it unsustainable. Case-Laws Indian Laws Fri, 03 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=434998