Early Times Report
Srinagar, May 25: Justice MK Hanjura of J&K High Court quashed the premature retirement of Mohammad Ashraf Wani, KAS, Joint Director, I&FC (Development), Kashmir with the direction to respondents to reinstate the petitioner and to grant him all consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner.
Justice MK Hanjura observed that the entire range of controversy raised here in this petition revolves round the plea whether the Government order bearing No. 1263-GAD of 2016 dated 21st of November, 2016, issued by the Government of Jammu and Kashmir, in exercise of powers conferred by Article 226(2) of the Jammu and Kashmir Civil Services Regulations, whereby notice was given to the petitioner, namely, Mohammad Ashraf Wani, KAS, Joint Director, I&FC (Development), Kashmir, to the effect that he having already rendered 27 years of service, shall retire from service w.e.f. the forenoon of 22nd of November, 2016, can withstand the test of judicial scrutiny.
Justice MK Hanjura after hearing both the sides observed that an important facet which cannot be lost sight of is that the Committee has given a complete goby to the Regulation 226(2) of the CSR read with the instructions (provided hereinbefore) buttressed to it in considering his compulsory retirement. These lay great emphasis and spell out the need and demand to consider the entire service record of the public servant available in the shape of APRs, service book, personal file- giving the details of the complaints received against him from time to time and so on and so forth.
Justice MK Hanjura observed that the impugned order bearing No. 1263-GAD of 2016 dated 21st of November, 2016, cannot stand the test of law and reason. The Respondents were directed to reinstate the petitioner and to grant him all consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner. |
