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AIR 1979 SUPREME COURT 49 ::1978 LAB. I. C. 1641
Supreme Court Of India
(From : Delhi)*
Hon'ble Judge(s): P. N. Shinghal, O. Chinnappa Reddy , JJ

(A) Tort - Malice - Meaning of. Malice in its legal sense means malice such as may be assumed from the doing of a wrongful act intentionally but without just cause or excuse, or for want or reasonable or probable cause.(Para 5) (B) Constitution of India , Art.226, Art.311— Compulsory retirement - Plea of malice - Maintainability. If a discretionary power has been exercised for an unauthorised purpose, it is generally immaterial whether its repository was acting in good faith or in bad faith.(Para 6) In the instant case it was found that an order compulsorily retiring a public servant was wrongfully passed. The Government while passing the order, however, was not influenced by the existence of an adverse entry in the record of the public servant. Held, there was no actual malicious intention on the part of the Government in passing the wrongful order of premature retirement so as to amount to malice in fact. The Court also did not examine the question of malice in law in view of the fact that the discretion to retire compulsorily was passed for an unauthorised purpose.(Para 5 6) Anno: AIR Comm. Constn. of India (2nd Edn.), Art. 226 N. 172; Art. 31....

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