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Swami Sadashiva Brahmendra Sar (Nil)     19 May 2009

Stigmatic compulsory retirement

Normally a government servant can not challenge his compulsory retirement. is there any exception to this rule? can he challenge his compulsory retirement on the ground that it is stigmatic becuse some charges has been alleged ?



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 1 Replies

Sudhir Kumar, Advocate (Advocate)     23 June 2013

It is wrong assumption that Govt servant cannot challnage  compulsory retirement when it is stigmatic.  Compulsory retirement under CC&A rules is punitive with specific charge and is stigmatic and challangeable.

 

compulsory reitmenet under FR56(j) is non-stigmatic.

 

Please elaborate further if you have a specific case.


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