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HC quashes forcible retirement of JE PHE
9/19/2017 10:36:37 PM
Early Times Report
Jammu, Sept 19: Justice Mohammad Yaqoob Mir of J&K High Court set-aside the impugned order bearing No.906-GAD of 2015 dated 30.06.2015 whereby Parvez Ahmad Shah, Junior Engineer, PHE Division, Bandipora had been forcibly retired and directed State to re-instate him forthwith and pay him all consequential service benefits.
Justice Mohammad Yaqoob Mir observed that noticing the importance of APRs, AAG was asked to produce the record of the Screening Committee on the basis of which the Screening Committee had formed opinion that in view of consistent conduct over a period of time, petitioner does not enjoy a good reputation in the public. The court observed there was no supporting material for the same. Instead, the APRs for the period 2009 till 2015 present a rosy picture, of the service record of the petitioner which has been totally ignored to the detriment and disadvantage of the petitioner.
Justice Mohammad Yaqoob Mir observed that the criminal cases are registered against number of officers/officials of the department. If it will be only yardstick for dealing with such officers/officials, then all such officers/officials will be prematurely retired. Regarding FIR No.21/2009, Government has granted sanction for prosecution in the year 2013, as such, petitioner is facing trial for the same.
High Court further held that 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 is retired in the year 2015, same is inconsistent with the norms adopted for premature retirement. With these observations Court set-aside the order of forcible retirement and directed state to reinstate him forthwith.
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