JAMMU, Dec 7: Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar has dismissed one more LPA of State in compulsory retirement case and upheld the judgment of writ court whereby the premature retirement of Girdawar Kuldip Kumar was quashed.
After hearing both the sides, the DB observed, “perusal of the minutes of the meeting of the committee, which recommended compulsory retirement of the respondent, reveals that decision was taken only in view of the registration of FIR No.21/20003 by the Vigilance Organization, Jammu”.
“Apart from the FIR, no other record was either placed before the committee or the competent authority nor was the same considered. As a matter of fact, the committee has stated that it was reported by the department that ACRs of the respondents were not available”, the DB said, adding “there is, however, a two-line statement in the minutes of the meeting of the committee upon which much stress was laid by the counsel for the appellants. The two-line statement reads: As per information gathered from a cross section of the people, the reputation of the official is very bad”.
“There is no material available with the committee or before the competent authority to come to such a conclusion nor is there any indication in the minutes of the meeting of the committee as to how the committee arrived at the opinion. The information gathered from the so called cross section of the people also does not form part of the record, which was placed before the committee”, the DB further observed.
With these observations, Division Bench dismissed the appeal.