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1996 (4) TMI 185 - SUPREME COURTWhether no sufficient material for the appropriate authority to form the requisite opinion that further retention of the respondent in service was not in public interest? Held that:- Having regard to circumstances of this case, it is not possible to say that there was no sufficient material for the appropriate authority to form the requisite opinion that further retention of the respondent in service was not in public interest. Unable to agree respondent's submission that he was compulsorily retired before he completed 10 years of qualifying service, the order of compulsory retirement should be held to be an order of punishment. Under FR 56(j) an officer could be compulsorily retired on attaining the age of 50 years if he was appointed before he completed the age of 35 years and an officer who was appointed after attaining the age of 35 could be retired on completing the age of 55 years. The respondent was appointed as a member of the ITAT after he had attained the age of 35 years and in his case the power of compulsory retirement could be invoked after he had attained the age of 55 years. Admittedly the respondent had attained the age of 55 years when the order dated January 28, 1987 with regard to his compulsory retirement was passed. For the reasons aforementioned, we are unable to uphold the judgment of the Tribunal quashing the order dated January 28, 1987 regarding compulsory retirement of the respondent and the appeal has to be allowed.
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