Excelsior Correspondent
JAMMU, Mar 5: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat has dismissed a petition filed by a Judicial Officer P N Razdan challenging his retirement at the age of 58 years.
“The petitioner’s merit, utility and all aspects were considered right from the date of his entry into service. From January 1 to December 31, 1995 as against the column disposal of old cases, progress and disposal of execution applications and avoidance of unnecessary adjournments, the ACRs of the officer have been recorded as “average”, In the ACRs from January 1 to December 31, 1996 the officer has been recorded “satisfactory” for disposal of old cases”, the DB said.
In the ACRs from September 1 to December 31, 1997, it has been recorded that “disposal needs improvement”. In the column of other remarks, if any, it has been recorded that “there is a scope for improvement”. In the ACRs for the year 2000 as against the column of knowledge of law, efficiency about judicial work, administrative capability, general reputation and overall assessment, the officer has been recorded as “average”.
“These entries in the ACRs were taken into consideration by the committee headed by the then Chief Justice and it was resolved not to recommend extension of service, which was approved by the Full Court”, the DB said, adding “insofar as contention of the counsel for the respondent that the writ petition filed in the year 2007 is not maintainable in view of the fact that the petitioner, even, according to his affidavit, has completed the age of 60 years in June 2006, is well founded as the cause of action to challenge the order of retirement issued in June 2004 and restoration of his service got expired in June 2006, hence on that ground also, the writ petition cannot be entertained”, the DB further said.
According to the DB, the petitioner has not explained the delay for filing the writ petition belatedly i.e. after three years. “Hence the writ petition is hit by delay and laches”, the DB said while dismissing the petition.
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