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| HC upholds quashment of premature retirement of I/C AEE | | |
Early Times Report
Jammu, May 4: The J&K High Court has upheld quashment of premature retirement of in-charge Assistant Executive Engineer, PMGSY, Uri, Imtiyaz Ahmed Lara.
A Division Bench of the court comprising Justice Ali Mohammad Magrey and Justice Tashi Rabstan while dismissing the appeal of the State observed that the writ court has taken note of the fact that the petitioner has been appreciated by his superiors throughout, and his entire service career is unblemished except for him having figured in the case FIR no. 13/2010 registered by the Vigilance Organization Kashmir which resulted in his suspension and subsequent removal from service.
"The writ court has very reasonably appreciated the legal position on the subject when it has said that the guidelines laid down in this behalf have not been followed by the respondents/appellants herein in compulsorily retiring the petitioner herein and in the very same pronouncement the Supreme Court has held that the power of judicial review of a superior court has many facets and its jurisdiction is not only limited in the cases where the administrative orders are perverse or arbitrary but also in the cases where a statutory authority has failed to perform its statutory duty in accordance with law," the bench observed.
It further observed that the writ court has appreciated the facts of the case very reasonably and the law applied is not in any way out of subject. (JNF) |
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