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HC dismisses state's appeal, upholds single bench judgment
Deadwood case
4/20/2017 10:25:55 PM
Jammu, Apr 20 : In a LPA filed by state against the judgment of a single bench whereby it had quashed the premature retirement order of AEE Javed Iqbal, a high court division bench of Chief Justice Baddar Durez Ahmed and Justice Tashi Rabstan today upheld the single bench judgement. After hearing the two sides, the bench said high court 'may interfere only if it is satisfied that the order of compulsorily retirement has been passed under malafides or that it is based on no evidence or that it is arbitrary in the sense that no reasonable person could form the requisite opinion on the given material'. The bench said the only material, that was before the screening committee were two FIRs, one of which had resulted in closure and the other had resulted in discharge. There was no other material before the committee to enable it to come to the conclusion that it was in public interest to compulsorily retire the respondent, the court added. In the facts of the present case, the bench found that the decision to compulsorily retire was one, which was based on no evidence. Consequently, the conclusion of the single judge could not be said to be wrong in law, the court said. With these observations, the bench dismissed the LPA. --(JNF)
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