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HC quashes premature retirement of DG Lib
12/14/2016 10:41:17 PM
Early Times Report

Jammu, Dec 14 (JNF): High court judge Ali Mohammad Magrey has quashed the premature retirement order of Shamim Ahmad Laherwal as Director General of Libraries and Research.
The petitioner had challenged the government order No 870-GAD of June 30, 2015 issued by the GAD secretary in exercise of the powers conferred by Article 226(2) of J&K Civil Services Regulations, 1956, which said that he, having already rendered 22 years of service, would retire with effect from the forenoon of July 1, 2015.
He said that he all along his service had performed his duties with utmost honesty, integrity and dedication which earned him the reputation of an officer of high merit which was evidenced by the fact that in his APRs, written by various officers under whom he had the occasion to work, he had all along been categorised as 'outstanding' or 'very good' and he had never earned an adverse APR.
It was averred that he had regularly been submitting his annual property returns to the competent authority, reflecting the details of his movable and immoveable properties held or acquired by him or his family. It was stated that the government had decided to place the cases of those employees before the high level committee for review who were involved in corruption and trap cases or had been found in possession of properties beyond their known sources of income or were found involved in other miscellaneous illegal activities. According to the petitioner, he did not fall in either of the aforesaid categories of officers.
Justice Magrey said 'one thing needs to be mentioned here that since a good number of officers have been prematurely retired, this court has had the occasion to deal with a few of the writ petitions filed by the affected persons and go through the replies of the respondents filed thereto. This court noticed that GAD has prepared stereotype replies in these petitions, giving therein the same details in the factual matrix and preliminary objections and hardly any attempt to contest the case on the merits of the issue specifically involved'.
After hearing both the sides, the court allowed the petition and quashed the government order No 870-GAD of June 30, 2015, as regards the petitioner's premature retirement. The respondents were directed to reinstate and treat the petitioner in service, entitled to all the benefits, as if the impugned order had not at all been issued. To accelerate such process, the petitioner was directed to report for duty before GAD secretary within seven days from today.
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