Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Compulsory Retirement Challenge
Prerogative Writs & Extraordinary Remedies
Definition
An Article 226 writ petition challenging an executive order retiring a public servant prematurely in the public interest, argued on the grounds that the order is punitive, based on uncommunicated adverse remarks, or passed arbitrarily without material evidence.
Example
In Baikuntha Nath Das v. Chief District Medical Officer, the Supreme Court established the principles governing judicial review of compulsory retirement orders, holding that courts will intervene if the order is mala fide or perverse.