JAMMU, Apr 20: Division Bench of State High Court comprising Chief Justice Baddar Durez Ahmed and Justice Tashi Rabstan today dismissed LPA filed by the State against the judgment of Single Judge whereby premature retirement of AEE Javed Iqbal was quashed.
After hearing Advocate General Jehangir Iqbal Ganai with Government Advocate Tarun Sharma for the State whereas Senior Advocate Sunil Sethi with Advocate Sudershan Sharma appearing for AEE Javed Iqbal, the DB observed, “the only material that was before the Screening Committee were the two FIRs, one of which had resulted in closure and the other had resulted in discharge”.
“There was no other material before the Screening Committee to enable it to come to the conclusion that it was in public interest to compulsorily retire the respondent”, the DB said, adding “in the facts of the present case, we found that the decision to compulsorily retire was one, which was based on no evidence. Consequently, the conclusion of the Single Judge cannot be said to be wrong in law”.
With these observations, Division Bench dismissed the LPA.