| HC quashes compulsory retirement of I/C AEE, PMGSY | | | Early Times Report
Srinagar, June 26: Justice MK Hanjura of J&K High Court Srinagar Wing quashed the compulsory retirement of Imtiyaz Ahmad Lara, I/C AEE, PMGSY, Uri with the direction to the state to reinstate the petitioner and grant him all the 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 after hearing Sr. Adv ZA Shah observed that the Committee has given a complete goby to the Regulation 226(2) of the CSR read with the instructions (provided hereinbefore) 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. The reputation of a public servant cannot be termed as doubtful and his conduct cannot be determined only on spoken words in the absence of any material on record. This is a fundamental flaw in the order issued against the petitioner, whereby he has been shown the door.
Justice M K Hanjura further observed that the contention of the Respondents, in this petition, is that there was no material in the shape of 'Character Roll Entries' available before them and, if these were not available, the State could not have concluded that the conduct of the petitioner was unbecoming of a public servant, or that he was a man of doubtful integrity, or that he was a fit person to be retired compulsorily from service.
Justice MK Hanjura further observed that the argument of the counsel for the respondent- State that the principles of natural justice cannot be invoked by a public servant in the aid of assailing an order of compulsory retirement and that such an order does not amount to a punishment, is based on the sound principles and cannons of law.
With these observations, Justice MK Hanjura holds that the impugned Government order bearing No. 1276-GAD of 2016 dated 21stof November, 2016, cannot stand the test of law and reason. |
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