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| HC quashes premature retirement of then Project Officer DRDA/IWMP | | | Early Times Report
Srinagar, Feb 15: State got another shock in forcible retirement case when Justice Sanjeev Kumar today quashed the premature retirement order of Abdul Hamid Wani then Project Officer DRDA/ IWMP, Badipora.
Justice Sanjeev Kumar after hearing both the sides observed that the APRs/ACRs of the petitioner were not considered by the Committee on the plea that these were not available.
This itself speaks of non-application of mind by the Establishment Committee to arrive at a conclusion without looking into the relevant record.
The petitioner has placed on record copies of the APRs and the same have not been denied by the respondent in their reply affidavit. There is, however, a two-line statement in the minutes of the meeting of the Committee, upon which much stress was laid by the learned counsel for the respondent. The two line statement reads thus:- "Through his consistent conduct over a period of time, the employee does not enjoy a good reputation in the public" There was no material available with the Committee or before the competent authority to come to such a conclusion nor is there any indication in the minutes of the meeting of the Committee as to how the Committee arrived at the aforesaid opinion.
With these observations High Court set-aside the impugned order and allowed the petition. |
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