Supreme Court of India

Director General of Police, Railway Protection Force and Ors. v. Rajendra Kumar Dubey

Neutral citation
Reported as [2020] 13 S.C.R. 1191
Bench Dr. Dhananjaya Y. Chandrachud, Indu Malhotra and K. M. Joseph JJ.
Decided 25 November 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the reasons mentioned hereinabove, and th e Order of compulsory retirement passed on 05.12.2007 by the Chief Securi ty Commissioner, as affirmed by the Director General, R.P.F. vide Order dated 19/21.05.2008 is restored. 1207 (b) The Respondent has stated in his written submissions that the Gratuity which was payable to him, has not been rele ased by the Department so far.

Judgment, page 16

From the headnote

Service Law: Compulsory Retirement – Punishment of – Imposed by departmental authority – Writ Petition – High Court reduced the punishment of compulsory retirement to reversion in rank for a period of 6 months – Directed reinstatement with 50% backwages – Appeal to Supreme Court – Held: High Court was not justified in setting aside the order of compulsory retirement. Constitution of India: Arts. 226 and 227 – Scope under – To interfere with disciplinary proceedings – Held: High court, in exerci se of power u/Arts. 226 and 227 should not venture into appreciation of evidence – While exercising

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