Excelsior Correspondent
SRINAGAR, Aug 11: High Court has quashed the compulsorily retirement of Mushtaq Ahmad Tenga, Incharge AEE, Yousmarg Development Authority with the direction to the State to reinstate the petitioner and grant him all the consequential benefits within a period of one month.
While quashing the compulsory retirement, Justice M K Hanjura observed, “the contention of the respondents, in this petition, is that there was no material in the shape of ‘Character Roll Entries’ available before them and, if these were not available, the State could not have concluded that the conduct of the petitioner was unbecoming of a public servant, or that he was a man of doubtful integrity, or that he was a fit person to be retired compulsorily from service”.
“The order of the compulsory retirement of the petitioner, in these circumstances, is punitive having been passed for the collateral purpose of his immediate removal rather than in public interest”, High Court said, adding “the 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”.
With these observations, Justice Hanjura quashed the impugned Government Order bearing No. 862-GAD of 2015 dated 30th of June, 2015.
Trending Now
E-Paper
Follow our WhatsApp channel