Mere registration of FIR can’t form basis for retiring an employee: HC

TNN Bureau. Updated: 1/1/2018 11:56:11 PM

JAMMU: While quashing the compulsorily retirement of Hammid Wani, Chief Town Planner, Jammu Development Authority, Justice M. K. Hanjura observed that mere registration of case or cases against an employee (petitioner) by Vigilance Organization can’t form basis for retiring him compulsorily and directed respondents to reinstate the petitioner and to grant him all consequential benefits within a period of one month.
Justice M. K. Hanjura observed that looking at the instant case from above perspective, an important facet, which can’t be lost sight of, is that the Committee has given a complete goby to the Regulation 226 (2) of J&K Civil Services Recruitment Rules read with the instructions (provided hereinbefore) buttressed to it in considering his compulsory retirement.
“In order to attach a semblance of fairness to such an order, the entire service record of a public servant, more significantly the service record of the previous years preceding the decision, has to be assessed and evaluated.”
The Court further observed that not only this, by the Government order no. 177-HUD of 2014, dated 23 May, 2014, on the subject "Transfers & Posting", the petitioner, while working as I/c Senior Town Planner, Kashmir, has been directed to hold the next higher important post/charge of Chief Town Planner, JDA.
“How could this order, which was almost proximate in time to that of the order of his compulsory retirement, come into being in case the conduct of the petitioner was not above board,” Justice Hanjura questioned.

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