Navjot Singh Wahniwal (Advocate) 15 September 2011
High Court sending recommendation to retire an officer to the State Government. In reality the recommendation is without any material. Whether the State Government can seek clarifications and ask for record or material on the basis of which the recommendation had been sent?
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 15 September 2011
State being employer of such employee has every right to get clarification from High Court about the impugned order prior to its execution.
Navjot Singh Wahniwal (Advocate) 15 September 2011
Is there any case law?
venkatesh Rao (Retired Government Servant) 11 January 2012
Cryptic queries rouse irrelevant answers. Pl. put the facts and one may opine. Normally, courts do not make such recommendations. if the recommendations made as observation in a proceeding before court, it has to be followd. Pl. brief the facts.
Shailendra Mishra (Legal Consultant) 11 January 2012
Yes, Government can reject the recommendation of SC/HC if it violate the Constitution or any other law enforced in the territory AND recommendation is a kind of suggestion and government is not obliged to follow it unless it is in the interest of people at large.
VIRAJ KADAM (Advocate Supreme Court of India) 14 January 2012
Dear Friend,
There is a difference between recommendation and directions. Directions are mandate. Recommendations can be conveniently overlooked.
Regards
VIRAJ KADAM
Advocate,
Supreme Court of India
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