JAMMU, Feb 23: In another big jolt to the State in ‘dead-wood’ cases, Division Bench of State High Court comprising Justice Ramalingam Sudhakar and Justice M K Hanjura has dismissed the appeals filed by the State against the judgment of Single Judge in favour of Ravi Kumar, Incharge Executive Officer, J S Tandon, MD JKSRTC and Deepak Gupta, Transport Manager.
After hearing Senior AAG HA Siddqui appearing for the State whereas Advocate Rahul Pant and Advocate Ajay Bakshi appearing for the respondents, the DB observed, “the order of compulsory retirement shall not be passed as a short cut to avoid departmental enquiry when such course is more desirable”.
Division Bench further observed, “sphere of the jurisdiction of the committee was to consider each such case for compulsory retirement in which the charges of corruption were leveled against each employee. How is that a few employees were picked up for such consideration and the others were allowed to go scot free and break through”.
“The societal concerns of administering law and justice are not legal luxuries. The State cannot indulge in the luxury of legal sophistry with purposes more ulterior then transparent, concealing more and revealing less and masquerading as if fighting for principles”, the DB said, adding “merely that case or cases have been registered against the respondents by the Vigilance Organization cannot form the basis of retiring them compulsorily”.