DB dismisses LPA of State against DGM JKPCC

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, Mar 3: Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar has dismissed the appeal filed by the State against the judgment of Single Judge whereby premature retirement of Deputy General Manager of Jammu and Kashmir Projects Construction Corporation (JKPCC) Suresh Kumar Rekhi was quashed.
After hearing Advocate DS Chauhan appearing for the respondent whereas Senior AAG HA Siddiqui for the State, the DB observed, “Suresh Kumar Rekhi at the relevant point of time was serving in the Jammu & Kashmir Project Construction Corporation Limited as Deputy General Manager when the appellant vide Order No.37 of 2015 dated 30.06.2015 directed his premature retirement with effect from July 1, 2015”, adding “the respondent assailed the order, inter alia, on the ground that the same had been passed merely relying upon two FIRs registered in the Police Station, Vigilance Organization Jammu and without looking into his service record including APRs”.
It was also challenged on the ground that the order was issued for ulterior purposes and was thus not in public interest. “The writ petition was contested by the appellants, inter alia, on the ground that besides registration of two FIRs which were pending investigation with the Vigilance Organization Jammu against the appellant, the Committee headed by the Chief Secretary which considered the case of the respondent also took note of the inputs given by the department of the respondent and also the information about general reputation of the respondent”, the DB said, adding “the matter was considered by a Single Judge who vide judgment impugned quashed the order of premature retirement of the respondent”.
The DB said, “to retire a Government servant prematurely merely on the basis of registration of a case, ignoring other service record, would be vitiated on account of non-application of mind. The general and stereotype observations made by the Committee that reputation of the respondent was also not good can also not be made basis for issuing an order of premature retirement, particularly when the observations are not supported by any material”.
With these observations, Division Bench dismissed the appeal of State.

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