Excelsior Correspondent
JAMMU, Aug 7: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Mohan Lal has quashed the premature retirement of AEE Narayan Dutt with the observation that order of compulsory retirement cannot be based merely on the recommendations of the committee which has to be considered by the competent authority in accordance with law.
“Merely because the committee has made recommendations for retirement of writ petitioner, he cannot be compulsorily retired unless the competent authority comes to a conclusion after forming a bona fide opinion of its own that the writ petitioner can be subjected to compulsory retirement in the interest of the institution”, the DB said and inclined to take a view other than the one taken by the Single Judge.
Accordingly, the appeal was dismissed.
Regarding pendency of criminal case against the writ petitioner pursuant to registration of FIR No. 92/2006 under Section 5(2) Prevention of Corruption Act read with Sections 409, 420, 467, 468, 477-A and 120-B RPC at Police Station Nowshera, Division Bench directed that the concerned court shall conclude the trial, if not already concluded, positively within a period of next six months from today without any excuse, and, if need arises, fix the hearing twice in a week as the matter is pending for the last about seventeen years.
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