HC quashes premature retirement of AE
14/06/2018
JAMMU, Jun 13: Justice Dhiraj Singh Thakur of J&K High Court Jammu Wing quashed the premature retirement of Sheraz Ahmed Khan Assistant Engineer. This significant judgment has been passed in a petition filed by Sheraz Ahmed Khan challenges the order dated 21.11. 2016, whereby the Gover nment in exercise of its power under Article 226(2) of the Jammu & Kashmir Civil Services Regulations in public interest ordered the premature retirement of the petitioner.
Justice Dhiraj Singh Thakur after hearing Sr. Adv MK Bhardwaj for the petitioner whereas Sr. AAG Seema Shekhar appearing for the state observed that. On a perusal of the relevant records produced by Mrs. Seema Shekher, learned Sr. AAG, it becomes clear that there were no ACRs pertaining to the petitioner before the Committee and the decision had primarily been taken only on the basis of the fact that there was an FIR registered against the petitioner.
Justice Dhiraj Singh Thakur further observed that the issue as to whether the factum of registration of an FIR independently could justify the premature retirement of an employee, was earlier considered by a Division Bench. With these observations High Court quashed the order of premature retirement. JNF
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