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| Person cannot prematurely retire solely due to registration of two FIRs: DB | | |
Early Times Report
JAMMU, Apr 27: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta while dismissing LPA filed by government held that respondent could not be prematurely retired solely by reason of the fact of registration of the two FIRs in which petitioner is one of the accused.
This significant order has been passed in LPA by the State of J&K (Now Union Territory) has been filed against the judgment and order dated 23-3-2018 passed by a learned single judge of this court whereby the respondent's writ petition, SWP no.1453/2015, challenging his compulsory retirement order from government service, issued by the appellants, has been allowed quashing the order impugned therein with direction to the appellants to reinstate the respondent-writ petitioner and grant him all consequential benefits within the period specified therein.
The DB while upholding the judgment of Writ Court quashing the premature retirement of Divisional Manager Forest Reyaz Anwar Masoodi, observed that the fundamental principles are that the order is passed on the subjective satisfaction of the government and that the government shall have to consider the entire record of service before taking a decision in the matter. |
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