DB upholds quashment of Premature retirement of I/C AEE
24/05/2022
Jammu, May 23: A Division Bench of Jammu & Kashmir Srinagar Wing Comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta uphold the judgement of Writ Court whereby writ Court qushed the premature retirement of Aijaz Ahmad Kirmani then I/C Assistant Executive engineer.
DB while dismissing the LPA filed by the State, observed that 14. The striking aspect herein is that the respondent stands acquitted of the charges levelled against him in the criminal case he was allegedly involved in. Though that is an event post compulsory retirement of the respondent, but the foundation of the case had been removed prior to the compulsory retirement of the respondent when the complaint in his deposition before the Court of competent jurisdiction had stated that the accused did not demand money from him and that he had himself put Rs.5,000/- in the pocket of the shirt of the accused, and when the accused had asked him what was it, he was nervous and fled from there. On this deposition before the Court, the complainant had been declared hostile by the prosecution itself. This was obviously an important factor which ought to have been taken note of by the Committee/Government, but that has not been. This is borne out by the judgment dated 13.12.2013 delivered by the Court of Special Judge, Anti-corruption, Srinagar, in case FIR no.28/2007, a copy whereof has been placed on record of the writ petition. Such being the situation, there was no material or reason for the Committee to suspect the integrity of the respondent or to categorise him as a person of dubious integrity.
DB observed that the writ Court holds that respondent could not have been prematurely retired solely by reason of the fact of registration of the FIR against him. Resultantly, we do not find any irregularity or illegality committed by the learned Single Judge in passing the impugned judgment. JNF
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