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Another jolt to State in forcible retirement DB dismisses LPA of State in DGM JKPCC' case | | | Early Times Report
JAMMU, Mar 3: A Division Bench of State High Court Comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar today dismissed the state appeal against the judgment of Single Judge whereby Single Judge quashed the premature retirement of Deputy General Manager Suresh Kumar Rekhi. DB observed that DGM Suresh Kumar Rekhi assailed the aforesaid order on the ground that the same had been passed merely relying upon two FIRs registered in the Police Station, Vigilance Organization, Jammu and without looking into his service record including APRs. It was also challenged on the ground that the order was issued for ulterior purposes and was thus, not in public interest. DB after hearing Adv DS Chauhan appearing for the respondent whereas Sr. AAG HA Siddiqui appearing for the state observed that to retire a government servant prematurely merely on the basis of registration of a case, ignoring other service record, would be vitiated on account of non-application of mind. The general and stereotype observations made by the Committee that reputation of the respondent was also not good can also not be made basis for issuing an order of premature retirement, particularly when the aforesaid observations are not supported by any material. With these observations Division Bench dismiss the appeal of State. |
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