Excelsior Correspondent
Srinagar, Aug 17: High Court today directed the Government to reinstate Director General Libraries and Research SA Leharwal, who was declared dead wood and retired forcibly two years ago.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice M K Hanjura passed this direction while hearing the appeal of Government wherein writ court judgment was challenged. The Government in the appeal had sought setting aside of the judgment of the writ court and treating of Shamim Ahmad Leharwal as dead wood.
Writ court had set aside the Government order on compulsorily retirement of Leharwal. The court had directed the Government to reinstate and treat the petitioner in service, entitled to all the benefits.
DB while dismissing the appeal said that there seems to be no interference with the writ court judgment. DB has further observed that the writ court has meticulously gone through the entire record of the case and has found that the entire service record of petitioner-Leharwal was not considered while retiring him compulsorily from his services.
Petitioner was holding the post of Director General Libraries and Research when he was compulsorily retired from services in terms of Government order No. 870-GAD of 2015 dated 30.06.2016 along with almost 60 employees.
Court on contesting of various matters on compulsorily retirement by the Government observed that the Government has hardly made any attempt to contest the case on the merits of the issue specifically involved.
The petitioner through his counsel Altaf Haqani, in his affidavit has given also names of five IAS and KAS officers against whom Vigilance Organization, Kashmir, had lodged an FIR and according to the petitioner they were promoted to higher posts and he has been subjected to compulsory retirement.
Leharwal in order to get the writ court judgment implemented in its letter and spirit has also filed a contempt petition against Chief Secretary of the State and Commissioner Secretary General Administration Department for violating court judgment.
Leharwal alleges in the contempt petition that the judgment passed by the court has been intentionally defied and rule of law has been subverted to undermine the majesty of the court.
Court has already issued notice to CS and Commissioner Secretary and both the officials have been directed to reply the contempt petition.
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