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Whether there is a warrant for a second Review Committed under Rule 16(3)?


The principle governing the order of preventive detention about effective representation against such order, is not applicable in the case of an order for compulsory retirement which casts no stigma on a government servant. The test which has been laid down in the case of preventive detention is in the context of the right to individual liberty of a person which is a fundamental right enshrined in the Constitution while the order of compulsory retirement is passed in respect of a government servant who has ceased to have a right, as such, to continue in Government service under the rules governing his employment.

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