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| HC quashes compulsory retirement of petitioner | | | Early Times Report
Jammu, September-24 (JNF):- Justice Mansoor Ahmed Mir of J&K High Court (Jammu Wing) today quashed the compulsorily retirement of petitioner Ram Dass who was Head Assistant in 2005.
The petitioner challenged his compulsorily retirement in terms of Govt order No 467-GAD of 2005 dated April 26, 2005 on various grounds.
Justice Mansoor Ahmed Mir after hearing Advocate ZA Shah with Advocate Vipin Gandotra appearing for the petitioner whereas Govt Advocate Sanjay Kakkar appeared for the state, has referred various judgments of Supreme Court and J&K High Court regarding the question involved is whether the impugned compulsorily retirement order is legally correct and said that the committee has considered the case of the petitioner and recommended his pre-mature retirement on various inputs including performance of petitioner. It is not known what were the “various inputs”. Respondents have failed to explain the same and haven’t produced any record in order to establish that how much “inputs” received by them and which were against the petitioner, which was made the basis for passing of impugned order. The overall performance of the petitioner, as disclosed, in terms of the record is, good, then how the performance of the petitioner was considered to be so bad which was need basis for passing the compulsorily retirement order.
The court further observed that the Court is of the considered view that the impugned order came to be passed without material, based on no evidence, without application of mind and arbitrarily. The impugned order merits to be quashed and accordingly same is quashed the petition filed by the petitioner is allowed. JNF
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