|Early Times Report|
Srinagar, May 25: Justice MK Hanjura of J&K High Court quashed the premature retirement of Aijaz Ahmad Kirmani, I/C AEE, J&K Police Housing Corporation.
Justice MK Hanjura observed that entire range of the controversy raised here in this petition revolves round the plea whether the Order bearing no. 189-GAD of 2012 dated 13th February 2012, issued by the Government of Jammu and Kashmir, in exercise of powers conferred by Article 226(2) of the Jammu and Kashmir Civil Services Regulations, whereby notice was given to the petitioner, namely, Aijaz Ahmad Kirmani, I/C AEE, J&K Police Housing Corporation, Srinagar, to the effect that he having already rendered 22 years of service, shall retire from service w.e.f. the forenoon of the 13th February 2012, can withstand the test of judicial scrutiny.
Justice MK Hanjura after hearing both the sides observed that the impugned order bearing no.189-GAD of 2012 dated 13th February 2012, cannot stand the test of law and reason. It is not based on any material from which a reasonable opinion could be derived to put forth the plea that the petitioner has outlived his utility as a Government servant or that his conduct was such that his continuance in service would be prejudicial to the public interest. Merely that a case or cases have been registered against the petitioner by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which, the impugned order bearing no.189-GAD of 2012 dated 13th February 2012, is quashed and Respondents are directed to reinstate the petitioner and to grant him all consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner. The respondents shall also not evict the petitioner from the Flat no.4, Government Flats, Jawahar Nagar, Srinagar.