STATE TIMES NEWS
JAMMU: A Division Bench of State High Court comprising Justice Ramalingam Sudhakar and Justice M.K Hanjura dismissed the Letter Patents Appeals (LPAs) filed by State of J&K against Bashir Ahmed Tehsildar, Ghulam Ahmed Malik and Subash Raina.
The court questioned that how a few employees were picked up for such consideration and the others were allowed to go scot free? The societal concerns of administering law and justice are not legal luxuries, it observed. The DB observed that looking at the instant case from the above perspective, an important facet which cannot be lost sight of, is that the Committee has given a complete go by to the Regulation 226(2) of the J&K CSR read with the instructions (provided hereinbefore) buttressed to it in considering compulsory retirement. These lay great emphases and spell out the need and demand to consider the entire service record of the public servant available in the shape of APRs, service book, personal file giving the details of the complaints received against them from time to time and so on and so forth. “To say that an FIR can form the sole basis to retire a public servant compulsorily is neither in tune nor in line with the scheme and mandate of Article 226(2) of the J&K CSR read with the guidelines supra and the judicial pronouncements holding the ground”, the court observed and added that taking such a view that an FIR only will form basis of order of compulsory retirement of a public servant will be repugnant and averse to the very concept and object of compulsory retirement.
Division Bench also observed that merely that a case or cases has/have been registered against the respondents by the Vigilance Organisation cannot form the basis of retiring him compulsorily, as a corollary to which the judgment/order of the Single Judge impugned here in this appeal.
With these observations, Division Bench dismissed the appeals filed by the State.
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