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| HC sets aside session judge's compulsory retirement order | | | Early Times Report
Jammu, Apr 30: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today set aside the compulsory retirement order of district and sessions judge Brij Mohan Gupta.
The court directive came in a petition filed by Gupta to declare government order No 08-LD(A) of January 1, 2014 as regards his compulsory retirement made on the basis of June 11, 2013 high court recommendation as illegal and against the provisions of law. He had sought to quash the high court recommendation and a direction to respondents to allow him complete his service up to 60 years with all consequential benefits.
Gupta was appointed as munsiff, Banihal, on October 27, 1983. He was promoted as sub- judge on November 23, 1995 and as district and session judge on October 24, 2001. He was confirmed as district and sessions judge after completing the probation period on June 10, 2003.
He submitted before the court that after he completed 58 years of age, the high court considered his performance in terms of Article 226(2) of J&K Civil Service Regulations and 2nd respondent recommended his compulsory retirement. His grievance is that the less disposal of cases at the fag end of his service was taken as a ground for not extending his service beyond 58 years.
The bench, having regard to the fact that there was no allegation of corruption or misbehaviour of any kind against Gupta and that he served with honesty, the impugned order of his compulsory retirement could not sustained as it was not in accordance with the judgment of Supreme Court cited supra. "Hence the order is set aside and the petitioner shall be issued a simple retirement order, retiring him from service with effect from August 31, 2013. It is also made clear that the retirement order issued to the petitioner at the age of 58 years shall not be treated as disqualification for any future appointment," the bench ordered. With these observations, the bench allowed the petition and directed Registrar General to issue order as per above directions within one week. (JNF) |
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