GOVERNMENT OF NCT OF DELHIversusUNION OF INDIA & ORS.
2023 INSC 104929 November 2023Disposed off
The Government of the National Capital Territory of Delhi (GNCTD) filed a writ petition fearing that the Union Government would unilaterally appoint the Chief Secretary of the Territory and extend his tenure without the GNCTD’s consent. The petition sought a restraining order and the appointment of a senior AGMUT offic…
THE STATE OF PUNJAB AND ORS.versusMANOHAR LAL MIRCHEA
1997 INSC 43525 April 1997Appeal(s) allowed
Manohar Lal Mirchea retired as a District and Sessions Judge in 1984, when his death‑cum‑retirement benefits were governed by the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. In 1990 Punjab amended Rule 16 of the Punjab Superior Judicial Service Rules, making the Punjab Civil Service Rules (specifica…
STATE OF ORISSA AND ORS.versusKALICHARAN MOHAPATRA AND ANR.
1995 INSC 58820 September 1995Appeal(s) allowed
K. Mohapatra, a retired IPS officer, faced a criminal prosecution under the Prevention of Corruption Act for possessing assets disproportionate to his known income. While the case was pending, the State of Orissa withheld his gratuity and refused to sanction his final pension, granting only a provisional pension. Mohap…
STATE OF U.P. AND ANR.versusGIRISH BIHARI AND ORS.
1997 INSC 14114 February 1997Appeal(s) allowed
Dr. Girish Bihari, an IPS officer, was due to retire on 31 March 1996. The Governor of Uttar Pradesh ordered, on 20 March 1996, an extension of his service for six months under Rule 16 of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. On 23 March 1996, the Governor cancelled that extension order un…
RAJENDRA SINGH VERMA (DEAD) THROUGH LRSversusLT. GOVERNOR OF NCT OF DELHI & ANR.
2011 INSC 67412 September 2011Dismissed
The Supreme Court considered three appeals challenging the compulsory retirement of two Delhi Higher Judicial Service officers and one Delhi Judicial Service officer. The appellants argued that their cases could not be reconsidered before reaching the age of 55 after an earlier screening at age 50, that the Lt. Governo…
UNION OF INDIA AND ANR.versusM.C. DESAI AND ORS.
1995 INSC 61110 October 1995Case Partly allowed
The Supreme Court heard an appeal by the Union of India against a judgment of the Allahabad High Court that had awarded death‑cum‑retirement gratuity (DCRG) and ad‑hoc relief to High Court judges who retired before 1 October 1974. The High Court had extended the benefit to all such judges, including those who had serve…
THE STATE OF WEST BENGALversusMR. MONOTOSH ROY AND ANR.
1998 INSC 4699 December 1998Appeal(s) allowed
The respondent, a former Chief Metropolitan Magistrate who retired in February 1981, sought to have his pension recalculated under the 1987 amendment to the All India Services (Death‑cum‑Retirement Benefits) Rules, which provided a higher pension to retirees after 1 January 1986. The High Court initially dismissed his …
NOIDA ENTREPRENEURS ASSOCIATIONversusNOIDA & ORS.
2011 INSC 3669 May 2011Disposed off
The Noida Entrepreneurs Association filed a writ petition alleging that the former CEO of the New Okhla Industrial Development Authority (NOIDA), Shri Ravi Mathur, IAS, misused his position between 1993-94 by awarding contracts without tender, evading conversion charges, and illegally converting a 13‑hectare city park …
ASHOK KUMAR SAHUversusUNION OF INDIA AND ORS.
2006 INSC 5018 August 2006Appeal(s) allowed
Ashok Kumar Sahu, an IPS officer on suspension after completing 20 years of service, applied for voluntary retirement under Rule 16(2A) of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. The Central Government referred the matter to the Joint Cadre Authority, which approved the retirement, and a not…
ARUN KUMAR AGRAWALversusUNION OF INDIA & ORS.
2013 INSC 7441 November 2013Dismissed
The petitioner challenged the appointment of U.K. Sinha as Chairman of SEBI on grounds that he failed to satisfy the statutory requirement of "high integrity" under Section 4(5) of the SEBI Act, alleging mis‑representation, irregular deputation, false declarations, and a conspiracy to secure his selection. The Court ex…
K. KANDASWAMYversusUNION OF INDIA AND ANR.
1995 INSC 5301 September 1995Dismissed
K. Kandaswamy, an IPS officer, was compulsorily retired by the Government of India under Rule 56(j) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, after a special report raised doubts about his integrity, including a suspicious request to purchase a coffee estate. He challenged the order before …
JAIPAL SINGHversusSMT. SUMITRA MAHAJAN AND ANR.
2004 INSC 2211 April 2004Dismissed
Jaipal Singh, an IAS officer, applied for voluntary retirement on 13 March 2002 and requested a waiver of the three‑month notice period required under the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. He filed nomination papers for the Rajya Sabha election from Haryana, but the Returning Officer rejec…