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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. ___________ OF 2024 [@ SPECIAL LEAVE PETITION (C) NO. 18012 OF 2023]
MUNICIPAL COUNCIL AMBAH & ANR. Appellant(s)
VERSUS
CHANDRA BAHADUR Respondent(s)
O R D E R Leave granted.
The respondent, who was working as a Chaukidar in
Municipal Council, Ambah, District Morena, Madhya Pradesh,
was found to have neglected his duties on several occasions
and on one occasion, he was found on a drunken state while
on duty. In all, there were six such occasions on which he
was suspended and there were serious charges of dereliction
of duty against him.
Consequently, the Department invoked Rule 17 of the
Madhya Pradesh Civil Services (Pension) Rules, which is
regarding compulsory retirement of an employee after
completion of 20 years of services. Since the respondent had
completed more than 26 years of service and the Department
had reached to the conclusion that he was a deadwood in the
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Department, he was compulsorily retired vide order dated
23.07.2004.
This order was challenged by the petitioner before the
learned Single Judge of the High Court, which petition was
dismissed with the following observations :-
“The Petitioner has not filed any rejoinder to the
return filed by the r...