HC quashes premature retirement of C AEE, Yousmarg Development Authority
12/08/2018
JAMMU, Aug 11: Justice MK Hanjura of J&K High Court Srinagar Wing quashed the compulsorily retirement Mushtaq Ahmad Tenga I/C AEE, Yousmarg Development Authority with the direction to the state to reinstate the petitioner and grant him all the consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner.
Justice M K Hanjura r observed that the contention of the Respondents, in this petition, is that there was no material in the shape of 'Character Roll Entries' available before them and, if these were not available, the State could not have concluded that the conduct of the petitioner was unbecoming of a public servant, or that he was a man of doubtful integrity, or that he was a fit person to be retired compulsorily from service.
The order of the compulsory retirement of the petitioner, in these circumstances, is punitive having been passed for the collateral purpose of his immediate removal rather than in public interest.
However, the petitioner has knocked the bottom out of this contention of the Respondent-State that the 'Character Roll Entries' were not available at a time when consideration was accorded to the case of his compulsory retirement. This strengthens the view that the order has been passed for a collateral purpose of his immediate removal. Justice MK Hanjura further observed that the argument of the counsel for the respondent- State 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, but, to say that such an order can be passed by shunning the material on the basis of which such an order can be passed in terms of the rules, regulations and the law governing the subject, is a spurious and a contrived argument. Such an argument is devoid of merit and does not have the legs to stand upon.
With these observations, Justice MK Hanjura holds that the impugned Government order bearing No. 862-GAD of 2015 dated 30th of June, 2015, cannot stand the test of law and reason. It is not based on any material from which a reasonable opinion could be derived to put forth the plea that the petitioner 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 by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which, the impugned order bearing No. 1276-GAD of 2016 dated 21st of November, 2016, is quashed.
The Respondents are directed to reinstate the petitioner and grant him all the consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner. JNF
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