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Big Jolt to State in Premature Retirement case DB dismiss three LPAs of State 2/13/2018 10:06:21 PM Early Times Report Jammu, Feb 13: In yet another Big Jolt to State of J&K, a Division Bench of State High Court Comprising Justice Ramalingam Sudhakar and Justice M. K. Hanjura dismissed the appeals filed by State of J&K against Bashir Ahmed Tehsildar, Ghulam Ahmed Malik and Subash Raina. The landmark judgment written by Justice MK Hanjura for the Division Bench, observed that may be that the observations made by the Single Judge may not cut much ice and may not be of much significance and relevance in the case but the sphere of the jurisdiction of the Committee was to consider each such cases for compulsory retirement in which the charges of corruption were leveled against each employee. Division Bench further observed that Looking at the instant case from the above perspective, an important facet which cannot be lost sight of, is that the Committee has given a complete go by to the Regulation 226(2) of the J&K CSR read with the instructions (provided hereinbefore) buttressed to it in considering his compulsory retirement. These lay great emphases and spell out the need and demand to consider the entire service record of the public servant available in the shape of APRs, service book, personal file giving the details of the complaints received against him from time to time and so on and so forth. These cannot be skipped and shelved in formulating such an opinion by taking umbrage under the plea that the same were not available, as stated here in this case. Division Bench further observed that , merely that a case or cases has/have been registered against the respondent by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which the judgment/order of the Single Judge impugned here in this appeal. With these observations, Division Bench dismissed the appeals filed by the State.   Share This News with Your Friends on Social Network     Comment on this Story

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