Fayaz Bukhari
Srinagar, June 28: Jammu and Kashmir High Court today quashed Government order of sacking 60 employees from their services who were declared as deadwood.
Justice Mohammad Yaqoob Mir hold the order as unsustainable and unsound in the eyes of law and directed the Government to restore the services of one of the employees who had approached it. “Viewed thus, petition allowed. Impugned order bearing No. 858-GAD of 2015 dated 30.06.2015 is quashed. Respondents are directed to take petitioner back into service and to grant him all consequential benefits”, he directed.
The petitioner Dr Reyaz Ahmad Dar challenged the Government order through his counsel Advocate Altaf Haqani on the ground that there are malafides in the order and sought its quashing.
Dar who served as Health Officer in SMC and Medical Superintendent in various Hospital was prematurely retired from services along with other employees as all these were declared as deadwood last year by the Government of the then Chief Minister Mufti Mohammad Sayeed.
Justice Mir while setting aside the Government order held that the power vested with the authorities has to be exercised judiciously with great caution and the same must not suffer from any arbitrariness.
Court said if the petitioner Dar would have been a corrupt person, then at least some case would have been registered against him.”Some administrative action would have been taken against him, coupled with the fact that he should not have been given important assignments”, held the Court.
Court in these circumstances said there is no option but to say that the order of premature retirement of the petitioner Dar is unsustainable and untenable. “Therefore, no option but to conclude that the order of premature retirement bearing No.858-GAD of 2015 against the petitioner, by no stretch of imagination is sustainable”, reads the order.
Court in passing the impugned order by the Government authorities observed that a fair exercise has not been undertaken by the Government as they (constituted committee) should not have been hasty as ‘haste makes the waste’.
Court also said that the grounds which have been made base for the premature retirement of Dar are not supported by any material whereas the petitioner has in categorical terms made his position clear vis-à-vis all grounds which position has not been refuted nor any material to controvert the same has been placed on record.
Court also said that in dealing with the officers or officials who would become parasite has no substitute but in the name of corruption and indolence, an officer cannot be subjected to un-necessary hardships. “For weeding out such elements, the norms and regulations have to be scrupulously followed. The action must not appear to be arbitrary and must not appear a targeted one”, court added.
Court further held that while making exit to corrupt, indolent and inefficient officers or officials is appreciable but measures taken or as may be taken should be under framed rules and formulated regulations.
“An appreciable action can be more appreciable when such elements are shown exit only on the basis of material suggesting something attributable to such type of officials or officers. Exercise in this regard should not be undertaken simply to give an impression that the inefficient and corrupt are shown exit”, court said.
Court also held that Government has ample powers to deal with such persons with iron hands who exhibits indolence, adopts corrupt practice much to the annoyance of general public and to the annoyance of smooth functioning then stringent action is imperative.
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