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| HC quashes premature retirement of Ex-EO Sopore | | | Early Times Report
Srinagar, Feb 27: Justice MK Hanjura today quashed the premature retirement of Ex-Executive Officer Sopore Abdul Latief Mir who was declared dead wood by the State.
While quashing the order, Justice MK Hanjura observed that from the documents and the material detailed and cited above it appears that the Committee in a figment of imagination without considering their script and content arrived at an unjustified and unwarranted conclusion. These documents would have made it clear that all that has been shown to glitter by the Committee is not gold. The imputations ascribed to the petitioner in retiring him compulsorily in hot haste appear to be devoid of merit and substance on the face of the contents of the annexures extracted above.
High Court further observed that the arguments of both the sides that the principles of natural justice cannot be invoked by a public servant in the aid of assailing an order of compulsory retirement and that such an order does not amount to a punishment, is based on the sound principles and cannons of law, but to say that such an order can be passed by shunning the material on the basis of which such an order can be passed in terms of the rules, regulations and the law governing the subject, is a spurious and a contrived argument. Such an argument is devoid of merit and does not have the legs to stand upon.
With these observations, Justice MK Hanjura ordered that the impugned Order bearing no.169-HUD of 2015 dated 30th of June, 2015, cannot stand the test of law and reason. The Respondent are directed to reinstate the petitioner and to grant him all consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner. |
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