Supreme Court of India
Shakti Kumar Gupta v. State of Jammu and Kashmir and Another
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What the Court ordered
In view of the above conclusion, it is also imperative for Lis to further hold, that F treating the work and conduct of the petitioner as "Average" for the years 201 o, 2011 and 2012 on the basis of the report for the year 2009 is therefore, also not sustainable in law.
Judgment, page 13
From the headnote
Higher Judicial Service Rules, 2009 - r.24 - Premature c retirement - Of judicial officer - On the basis of his Annual Confidential Reports, past records and other relevant material - Held: The Annual Confidential Report which formed the basis of premature retirement cannot be said to be a report in the eyes of law not being truthful assessment o of the various constituents of the judicial officer's work and conduct - However, other considerations, apart from the Annual Confidential Reports, were sufficient justifying the premature retirement in terms of r.24 when read in conjunction with
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