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| HC upholds quashing of JMC officer's premature retirement order | | | Early Times Report
Jammu, Nov 3: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today upheld the quashing of premature retirement order of JMC's then chief khilafwarzi officer Satish Khajuria.
The court directive came in a LPA filed by the state, seeking to set aside the judgment of writ court whereby it had quashed the premature retirement order of Khajuria.
After hearing the two sides, the bench dismissed the state government's appeal and upheld the writ court judgment.
The bench observed that the only reason to justify the compulsory retirement as argued by the senior AAG was that the petitioner was arrayed as accused in three FIRs and some other allegations against him were also under probe. In view of this, the government thought it fit to weed out such a 'corrupt' person.
When the court asked him whether in any of the probes any adverse finding were rendered or in the FIRs registered whether anything was found against the petitioner during investigation, the senior AAG fairly submitted that up to this date nothing was found against him. In such circumstances mere registration of FIR or probe into certain alleged irregularities could not be a ground to retire a person compulsorily when his APR entries were excellent and outstanding and assessment of integrity as "beyond doubt", and "nothing adverse was noticed".
In the counter affidavit filed before the writ court, the appellants tried to justify the order of compulsory retirement on the ground that the petitioner 'does not enjoy good reputation in public due to his consistent conduct over a period of time'. The committee came to the conclusion that the petitioner was generally known to have a bad reputation and had allegedly indulged in wrongdoings while performing his duties. The committee, therefore, had recommended his name for premature retirement.
"It be noted at this juncture that the petitioner will get 50 pc of his salary as pension from November 1, 2015 and the remaining 50 pc consequent to quashing the order of premature retirement. Thus the writ court order restricting his salary to 30 pc upto the date of his reinstatement cannot be sustained and the this portion of the order is set aside. Since the writ petitioner had reached the age of superannuation on July 31, 2016, the salary payable from November 1, 2015 to July 31, 2016 shall be paid to him after adjusting the pension amount, if any, already paid. The said period of service shall be treated as regular service for all purposes and the pension, if any, sanctioned, shall also be re-fixed with effect from August 1, 2016 within eight weeks," the court ordered. |
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