Early Times Report
Srinagar, Mar 22: Prematurely retiring a government employee must stand the test of law and reason, the state high court said today while setting aside an order by ruling PDP-BJP government terminating an engineer in 2015.
"The impugned Government order bearing No. 864-GAD of 2015 dated of June 30, 2015, cannot stand against Ghulam Nabi Dar I/C Executive Engineer, attached with the Directorate of Rural Development, Kashmir.
The Court said that the order was not based on any material from which a reasonable opinion could be derived to put forth the plea that Dar has outlived his utility as a Government servant or that his conduct was such that his continuance in service would be prejudicial to the public interest.
"Merely that a case or cases have been registered against the petitioner-Dar by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which, the impugned order bearing No. 864- GAD of 2015 dated June 30, 2015, is quashed," the court said.
After perusal of the APRs court said the same have been shelved and have escaped the scrutiny of the committee and the same, it appears to have been done with ultimate aim of showing the petitioner the exit and had these 'Annual Performance Reports', been considered, the shit would have hit the fan.
Court also mentioned that the argument of the State counsel 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.
The Court directed the concerned authorities to reinstate Dar and grant him all the consequential benefits, within a period of one month. |
