The document is an order sheet from the High Court of Chhattisgarh regarding a writ petition filed by S.P. Dubey against the State of Chhattisgarh. The court heard arguments from both sides and ordered the state to disclose the material on which Dubey was compulsorily retired. Given that Dubey was otherwise going to superannuate soon and had good performance reviews, the court found the compulsory retirement to be a prima facie violation of rules. Therefore, the court stayed the impugned retirement order and allowed Dubey to continue working until the next hearing date of December 14th.
Original Description:
A sample high court order of interim relief in compulsory retirement
The document is an order sheet from the High Court of Chhattisgarh regarding a writ petition filed by S.P. Dubey against the State of Chhattisgarh. The court heard arguments from both sides and ordered the state to disclose the material on which Dubey was compulsorily retired. Given that Dubey was otherwise going to superannuate soon and had good performance reviews, the court found the compulsory retirement to be a prima facie violation of rules. Therefore, the court stayed the impugned retirement order and allowed Dubey to continue working until the next hearing date of December 14th.
The document is an order sheet from the High Court of Chhattisgarh regarding a writ petition filed by S.P. Dubey against the State of Chhattisgarh. The court heard arguments from both sides and ordered the state to disclose the material on which Dubey was compulsorily retired. Given that Dubey was otherwise going to superannuate soon and had good performance reviews, the court found the compulsory retirement to be a prima facie violation of rules. Therefore, the court stayed the impugned retirement order and allowed Dubey to continue working until the next hearing date of December 14th.
08/11/2017 Mr. Vipin Tiwari, counsel for the petitioner/s.
Mr. Avinash Singh, Panel Lawyer for the State. Heard. Let reply be filed and material be disclosed on the basis of which the petitioner was compulsory retired. Upon disclosure that the petitioner is otherwise going to superannuate on 30.06.2018 and despite annual confidential report of the recent past being very good, there being no departmental enquiry or punishment imposed in the entire service nor any adverse remark, prima facie exercise appears to be in blatant violation of the power of compulsory retirement under Rule 42 of the Chhattisgarh Civil Services (Pension) Rules, 1976. Therefore, the impugned order dated 12.09.2017 (Annexure P/1) is stayed and the petitioner shall be allowed to continue till the next date of hearing. List this case along with WPS No.5268 of 2017 on 14.12.2017. Certified copy as per rules. Sd/- (Manindra Mohan Shrivastava) Judge