x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   People still deprived of basic amenities in Rajouri, Poonch & other flood-hit areas of J&K: Er Gulam Ali Khatana | DIG bid warm farewell to outgoing CRPF Commanding Officers | PM Modi To Interact With Viksit Vibrant Village Programme 2026 Participants On July 26 | NIA Court denies bail to alleged HM operative | CJI Surya Kant flags concerns over accuracy, ethical use of AI in arbitration | Machail Mata Yatra to begin on July 28; daily pilgrim cap set at 8,000 | Cambodia Job Scam Busted: EOW Kashmir files chargesheet against accused in overseas employment fraud | Devyani Rana Launches "Nagrota Bamboo Kavach Abhiyaan" To Protect Landslide-Prone Areas | BRO restores road connectivity in Rajouri, Poonch and Reasi amid heavy rains and landslides | Himachal Governor offers prayers at Tirupati Balaji temple in Jammu | Pradhan's journey 'testament' to lifelong engagement with student welfare, says Rijiju | Reasi police executes court-ordered proclamation against wanted cross-broder terror handler | Crime Branch (EOW) Jammu chargesheeted fraudsters in two separate cases | PDP Defers Foundation Day celebrations amid devastation caused by rain in J&K | Shaurya Sandhya, Motorcycle Display: Army Kicks Off Commemorative Events To Honour Kargil Heroes | Maintenance work on Pahalgam Axis; Amarnath Yatra to continue via Baltal route: Div Com Kashmir | Suspected cross-border drones trigger searches in Samba, Kathua | IIM Jammu concludes HR conclave 9.0 with insightful deliberations on AI, innovation and future of work | DM Kupwara reviews Anti-Drug Measures at District NCORD Committee Meeting | The paper leak mafia will be reduced to dust: CM Yogi | Court frames charges against Patwari, alleged tout | Pradhan made significant contributions to education system: Delhi CM | DC Kathua chairs Rent Assessment Committee meeting | VC SKUAST-K harvests Sweet Corn, felicitates winners of Sports Week | DLSA Jammu organises plantation drive | ASCOMS & Hospital successfully performs complex Urological Cancer Surgery | DAJ convenes review meeting on rainfed area development programme under HADP | Keshav Chopra organizes 107th Free Eye Screening & General Health Check-Up Camp at Sohanjana | ASKPC pays tribute to former president Radha Krishan Raina | JIM & WS creates history: First-ever summit & paragliding descent from Mt Chamser Kangri | JKPCC president Tariq Hameed Karra congratulates the Youth of India | Indian coast guard rescues 170 persons in extensive flood relief operations | 31 students from PSPS GCW Gandhinagar, Jammu Complete Summer Internship at DIET Jammu | NCC Unit of GDC Ramnagar celebrates 27th Kargil Vijay Diwas with Patriotic Zeal | DBU Empowers Researchers with Hands-on Workshop on Scientific Writing and Journal Publishing | Despite quota cut, Mirabai and Co chase Commonwealth gold rush | Diksha lone Indian to make the cut at Women's Scottish Open | J&K Cycle Polo Association announces District-Level Championships for 2026-27 | CWG: Indian swimmers fail to qualify for final | We want to write own piece of history in WC, says Indian men's hockey coach Fulton | The Key to Knowledge: Listening, Understanding, and Meaningful Dialogue | Celebrating 27th years of India’s Historic Kargil Triumph | Let spirit of doing something good for society become lifelong commitment: LG Sinha | ‘Watch & Earn’ apps could empty your bank account, police warn | 6-day halt ends, Amarnath, Maa Vaishno Devi Yatras resume | Amarnath Yatra only through Baltal route | Don’t burden women with every responsibility: Bhagwat | Union Education Minister Dharmendra Pradhan Resigns | Woman killed, 2 injured as house caves in Rajouri | 2 women killed in Doda accident | Back Issues  
 
news details
Compulsory retirement can’t sustain until entire service-record is evaluated: HC
1/9/2026 10:39:20 PM

Early Times Report

Jammu, Jan 9: In a significant service-law ruling, the High Court of Jammu & Kashmir and Ladakh has dismissed the UT Government’s intra-court appeal and upheld the quashing of a premature retirement order, holding that compulsory retirement cannot be sustained when the “entire service record” is not evaluated and the decision effectively rests on an FIR alone.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar, while deciding LPASW No. 171/2018 along with CCP(S) No. 505/2024 (reserved on 10.12.2025 and pronounced on 30.12.2025), affirmed the writ court judgment dated 05.09.2018 in SWP No. 210/2017, which had directed reinstatement of the employee with consequential benefits.
The respondent, Ahsan-ul-Haq Khan, was initially appointed as Sectional Officer (now Junior Engineer) in 1982 and was, as per record, lastly working as AE (Incharge) in Sub Division Zainpora, REW, Shopian.
He was implicated in FIR No. 24/2011 under Section 5(2) of the J&K Prevention of Corruption Act read with Sections 161 and 109 RPC and was placed under suspension on 07.12.2011.
The judgment notes the respondent’s stand disputing the allegations and the circumstances of the alleged recovery.
He was later reinstated by Government Order dated 21.07.2015 and had subsequent postings, including R&B Sub Division Handwara and deputation to REW Kashmir.
However, vide Government Order dated 21.11.2016, he was served a notice of premature retirement with effect from the forenoon of 01.07.2015, and the impugned order was served along with a cheque of Rs 2,01,192.
He challenged the move before the writ court, contending that it was unsupported by record and that his service profile was not properly evaluated.
The Government defended the decision by pointing to sanction for prosecution in the vigilance case.
The High Court, however, reiterated that the law on premature retirement is settled and that the opinion of “public interest” must be formed on the basis of the entire service record, in line with executive instructions including SRO 246 dated 30.06.1999 and OM dated 25.10.2010.
It also underlined that compulsory retirement cannot be used as a shortcut in place of a regular inquiry, and that mere involvement in a criminal case does not establish guilt.
Examining the record, the Division Bench recorded a crucial finding that no material other than involvement in FIR No. 24/2011 was taken into consideration, and that apart from the FIR there was no other material worth the name forming the basis of the action.
The Court noted that although minutes reflected that APRs were not available, the authorities did not even undertake an exercise to examine the service book to assess the respondent’s conduct across a long career.
On the Screening Committee’s remark about poor public reputation and perceptions of corruption, the Court held that such observations must be supported by cogent material emanating from the service record, and rejected a sweeping statement unsupported by record.
The Bench further held that the competent authority’s satisfaction appeared to be driven only by the FIR and that the recommendation was “seemingly” accepted without independent application of mind, thereby vitiating the decision-making process.
Consequently, finding no illegality in the writ court’s judgment, the High Court dismissed the appeal and held the premature retirement order to be unsustainable in law.
In the connected contempt proceedings, the Court observed that since the appeal—earlier dismissed for non-prosecution—was restored and remained pending during a period, non-compliance in that interregnum could not, at that stage, be treated as wilful disobedience.
However, the High Court directed the respondents to comply with the writ court judgment within eight weeks from 30.12.2025, and clarified that failure would entitle the petitioner to seek revival of contempt proceedings in accordance with law. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU