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DB dismisses 15 LPAs of State challenging premature retirements
Another big-jolt to State
12/13/2017 10:23:00 PM
Early Times Repor
Jammu, Dec 13: In a big-jolt to State another day, Division Bench of State High Court headed by Justice Dhiraj Singh Thakur dismissed 15 LPAs filed against the judgment of Writ Court whereby Writ Court quashed the premature retirement.
A Division Bench of State High Court dismissed the LPA filed by the State against Kishore Kumar Gupta Chief Engineer, Kamal Mahendru Additional PF Commissioner, Babu Ram Additional Secretary Social Welfare, Dr. Manoj Bhagat Medical Supdt, Parshotam Kumar, Shabir Ahmed, Madan Lal, Ghulam Hassan Kamal, Padam Dev Sharma, Ghulam Hassan Kamal, Syed IkhlaqHussain, Romesh Chander, Gian Chand, Baj Singh, Krishan Lal and Khurshid Ahmed.
Division Bench after hearing both the sides observed that there has to be some basis in the service records regarding the reputation of each officer. Hearsay reputation or casual statements questioning the integrity of a person ought not to be considered for the same may be baseless or attributed for malafide purposes.
Division Bench observed that the committee has not discussed as to what was the source or material based upon which the petitioner was said to be not enjoying good reputation. If that be so, the order of pre mature retirement based upon any such assessment can only be said to be arbitrary and thus cannot be upheld on the legal touchstone. The Committee constituted by the Govt. did not at all consider the relevant material and had taken a decision based only upon the fact that an FIR had been registered by the Vigilance Organization Jammu against the petitioner. In that view of the matter, there was no justification for the State to pre-maturely retire the respondent-petitioner from service. With these observations Division Bench dismissed the appeals of the state.
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