Merit-Based Promotion Prior To Compulsory Retirement Negates ‘Dead Wood’ Finding: Supreme Court Sets Aside Premature Retirement Under FR 56(j)

In a significant ruling on the scope and limitations of administrative power to compulsorily retire civil servants, the Supreme Court of India has held that a merit-based promotion granted shortly before an order of compulsory retirement stands as proof of an objective assessment of fitness and negates any finding that an officer has become “dead

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