HC quashes premature retirement of I/C Sr. Asst of School Education
06/10/2018
SRINAGAR, OCT 05:Ju stice MK Hanjura today quashed the premature retirement of Ghulam Mohammad Lone, I/C Senior Assistant, HSS Wadwan, of the School Education Department.
While quashing the premature retirement, Justice MK Hanjura observed that 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.
Justice MK Hanjura observed that the impugned Government order bearing No. 1264-GAD of 2016 dated 21st of November, 2016, 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. 1264-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 petit ioner. JNF
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