Supreme Court in Captain Pramod Kumar Bajaj vs. Union of India and Another CA No. 6161/2022,on March 3, 2023 setting aside the compulsory retirement order passed by the employer observed that the said order being punitive in nature should not have been passed by the employer without taking the disciplinary proceedings initiated against the employee to its logical conclusion. The Supreme Court further noted that the compulsory retirement order should satisfy the underlying test of serving the interest of public and in the instant case the order passed by the employer does not pass muster, the court finds the order is punitive in nature and was passed to short-circuit the disciplinary proceedings pending against the employee and ensure his immediate removal.
Also read: Court can lift the veil to see motive behind the termination: J&K HC
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