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DB dismissed appeal and upheld the quashment order of medico’s premature retirement

Jammu, AUGUST-25

Today a big-jolt to State in dead-wood case when Division Bench of State High Court Comprising Chief Justice Badar Durrez Ahmed and Justice Ali Mohammad Magrey dismissed the LPA filed by the State against the judgment of Writ Court whereby Writ Court quashed the premature retirement order of Dr. Riaz.

 

          Division Bench after carefully gone through the impugned judgment and find that the Single Judge has elaborately examined the recommendations made by the Committee and every allegation contained therein in the context of the record produced before it and has come to definite findings already quoted above in this judgment. This is a case where the allegations forming the sheet-anchor of the order of compulsory retirement have been found to be not only controverted but proven false. Apart from that, no ACRs had been placed before the Committee and no such material was produced either before the learned Single Judge or this Court. The file produced before this Court, as referred to hereinabove, is bereft of any such record. As such, this Court can, at best, say that there has been no material placed before the Committee to enable it to back the recommendations as are actually contained in the report/recommendation produced before the Court. In that view, the very premise and foundation of the recommendations, that the respondent’s integrity was doubtful, does not with stand the scrutiny of law. Consequently, the recommendation would not stand and, resultantly, the action taken thereon would equally be rendered baseless and unfounded. 

          Division Bench again refer to the record of minutes maintained by the General Administration Department in the shape of the Note, mentioned earlier, in connection with the meetings held by the Committee. There is nothing coming forth from the record of such minutes even to suggest that, in fact, there was any material or record placed before the Committee concerning the petitioner that would show that he had, in fact, doubtful integrity. It would profitable to refer to the relevant paras of the Note, viz. paras 6 to 11, hereinbelow. The records regarding involvement of Government employees in the corrupt practices was placed before the Committee. The cases of trap, where employees were found demanding and accepting the bribe, and the cases relating to disproportionate assets vis-a-vis the known sources of income were also placed before the Committee. In addition, the cases, in which FIRs have been registered and the investigation is either underway or has been completed, were also placed before the Committee.      Consequent to extensive discussions in respect of each case, it was observed that, for arriving at an informed decision, the cases require further deliberation and, accordingly, it was decided to call the concerned administrative secretaries in the next meeting to be held on 25.05.2015. The Committee met as per schedule on 25.05.2015 and discussed the cases of each department separately. Certain inputs with regard to the service particulars were obtained from the administrative departments. The Committee observed that the details in some cases are incomplete. Further, it was observed that the Annual Performance Reports of the officers/officials are also required to be examined. It was, accordingly, decided that the administrative secretaries shall provide the awaited details at the earliest and the matter would be further discussed in the next meeting to be held on 11.06.2015. The Committee held another meeting on 11.06.2015 and deliberated upon the charges against each employee. The Committee also examined the available APRs of the officials/officers. It observed that the APRs are either not available or are incomplete. The Committee further observed that, while assessing the performance, the concerned authorities have not taken cognizance of the registration of FIRs or conduct of investigation. As stated hereinabove, the Committee advised the concerned administrative Secretaries present in the meeting to furnish the remaining information/inputs about the concerned employees and decided that the same would be placed before the Committee in its next meeting. 

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