Excelsior Correspondent
JAMMU, Sept 5: High Court has quashed the premature retirement of Ahsan-ul-Haq Khan, Incharge AE, Sub-Division Zainapora, REW Shopian.
While passing the order, Justice MK Hanjura observed, “argument of the counsel for the respondent 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”.
“Such an argument is devoid of merit and does not have the legs to stand upon”, Justice Hanjura said while quashing the impugned order bearing No. 1277-GAD of 2015 dated 21st of November, 2016, adding “merely that a case or cases have been registered against the petitioner by the Vigilance Organization cannot form the basis of retiring him compulsorily”.
High Court directed the respondents to reinstate the petitioner and grant him all consequential benefits, within a period of one month from the date the certified copy of this order is served on them.
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