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HC quashes compulsorily retirement of forester
12/10/2010 8:57:48 PM
EARLY TIMES REPORT
JAMMU, Dec 10:- Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing has quashed compulsorily retirement of Mohd Yunas who was prematurely retired on September, 2004.
The petitioner challenged his pre-mature retirement on various grounds and said that he has unblemished service career for the entire period. His work was appreciated by the Dept which is disclosed by the letter commendation.
Justice Mansoor Ahmed Mir after hearing Adv SK Anand for the petitioner whereas AAG Gangan Basotra for the state respondents referred various judgments of Supreme Court and High Court of J&K, observed that it is the duty of the Court to lift veil and record the finding whether the order of compulsorily retirement is without justification, arbitrary, outcomes of Malice and came to be passed on no evidence. The impugned order has been passed arbitrarily without application of mind and without discussing the entire service record and on no evidence the Court is of the considered view that petitioner has curved out a case of interference. The impugned order merits to be quashed and accordingly same is quashed. JNF
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