STATE TIMES NEWS
JAMMU: A Division Bench (DB) of State High Court comprising Justice Ali Mohammad Magrey and Justice M.K Hanjura on Saturday upheld the judgment of Writ Court whereby it has quashed the premature retirement of Mohammad Bashir Rather, then I/C Tehsildar North Srinagar.
Dismissing the appeal of the State, the DB observed that the argument of the counsel for the appellant 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 canons 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 assertion is devoid of merit and does not have the legs to stand upon, the court observed adding that merely that a case has been registered against the respondent 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 which is based on the law, reason and the logic does not call for any interference and is therefore upheld and the appeal accordingly is dismissed.
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