What are Grounds for Judicial Review in the case of a Major Penalty of Compulsory Retirement ?

Querist : Anonymous (Querist) 14 October 2010 This query is : Resolved
May I request the Hall of Fame Experts to kindly enlighten with case Laws as to what are the grounds on which the Courts can Judicially review and quash a penalty of Compulsory retirement from service with disqualification for future employment in any capacity under the Government under the provisions of the CCS (CCA) Rules 1965 ?

Who would be an appointing authority in an autonomous body fully funded by the Governemnt of India which has adopted the CCS (CCA)Rules 1965 mutatis mutandis but has a Chairman of the body who is nominated by the Government of India in Honorary capacity - which as per the DOP&T and conduct rules debars the chairman from the exercise of executive, administrative or judicial powers as the holder of a civil post or exercise of authority in the name, or on behalf, of Government.

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pawan sharma (Expert) 14 October 2010
i. File the departmental Appeal.
ii.see AIR 1994 SC page 1074 on this point.

Chanchal Nag Chowdhury (Expert) 15 October 2010
The law on this point is very well settled.The court will put the proceedings leading to the decision of the authority under the scanner & can quash the Departmental proceedings/ decision if found violative of the Rules or of Natural justice.
The decision of the authority cannot be interfered with simply because the court does not agree with the quantum of punishment or with the findings of the authority unless U can demonstrate that it is perverse.

Kirti Kar Tripathi (Expert) 16 October 2010
i agree.

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