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| Compulsory retirement can’t be based solely on committee recommendations: HC | | |
Early Times Report
Jammu, June 13: A Division Bench of the Jammu & Kashmir and Ladakh High Court, comprising Justice Tashi Rabstan and Justice Puneet Gupta, has ruled that compulsory retirement of a government servant cannot be solely based on the recommendations of a committee. The court emphasized that the competent authority must form a bona fide opinion in the public interest before ordering compulsory retirement.
The judgment upholds the decision of the writ court, which had quashed the compulsory retirement of Rajinder Kumar, a former Patwari. The Division Bench dismissed the appeal filed by the Union Territory, noting that there were no adverse remarks in the Annual Performance Reports (APRs) of the writ petitioner. While the respondents claimed that the writ petitioner had a poor reputation and was perceived as corrupt by the public, there was no evidence to support these claims.
The writ petitioner had also been acquitted of the charges related to corruption. The court stated that the government's practice of directing compulsory retirement based on the registration of an FIR (First Information Report) was unwarranted.
The Division Bench upheld the judgment of the Single Judge, stating that there was no reason to interfere with it. The appeal was dismissed, and the judgment and order of the Single Judge were upheld. |
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