Excelsior Correspondent
JAMMU, Sept 19: High Court today set-aside the Government order whereby Parvez Ahmad Shah, Junior Engineer, PHE Division, Bandipora was prematurely retired and directed the State to reinstate him forthwith and pay all consequential service benefits.
While passing the order, Justice Mohammad Yaqoob Mir observed, “noticing the importance of APRs, AAG was asked to produce the record of the Screening Committee so as to show on what basis they have formed opinion for recommending premature retirement of the petitioner”.
“He has produced the photocopy of the record mentioning that APRs were not available. How the Screening Committee has formed opinion that in view of consistent conduct over a period of time, petitioner does not enjoy a good reputation in the public, is absolutely perverse”, High Court said, adding “there is no supporting material for the same. Instead APRs for the period between 2009 and 2015 have been totally ignored to the detriment and disadvantage of the petitioner”.
Justice Mir further observed, “the criminal cases are registered against number of officers/officials. If it will be only yardstick for dealing with such officers/officials, then all such officers/officials will be prematurely retired”, adding “allegations in the two criminal cases registered in the year 2009 and 2010 were to be read together with the entire service record, more particularly the APRs for the period 2009 to 2015 which has not been done”.
“In isolation of the service records, on the basis of the two criminal cases registered in the year 2009 and 2010, petitioner was retired in the year 2015, which is inconsistent with the norms adopted for premature retirement”, High Court said.
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