Does selective reliance on material favouring the department amount to an arbitrary exercise of power under FR 56(j)?

Fundamental Rules — FR 56(j) — Constitution of India — Article 311 — Compulsory retirement — Malice in law — Judicial review — Fundamental Rules — FR 56(j) — Promotion before retirement — Held: An order of compulsory retirement passed soon after a merit-based promotion is susceptible to invalidity, since the promotion is a recent, objective assessment irreconcilable with a subsequent finding that the officer has become dead wood. (¶41) Fundamental Rules — FR 56(j) — Scope of judicial review — Held further: Compulsory retirement is non-punitive but remains bound by the precincts of a public power, and an order vitiated by malice in law is not sustainable despite the narrow scope of judicial review. (¶41, 49) Fundamental Rules — FR 56(j) — Selective reliance on record — Held further: Selective reliance on material favouring the department, while ignoring that the entire service record and the immediate past deserve due weightage, amounts to an arbitrary exercise of power under FR 56(j). (¶46) Fundamental Rules — FR 56(j) — Article 311 — Relief on reinstatement — Held further: Reinstatement being impossible after superannuation, relief may be moulded through notional service benefits, costs and compensation for loss of reputation. Appeal allowed; order of compulsory retirement set aside. (¶65, 67, 69)