DB dismisses State’s appeal in premature retirement case

Excelsior Correspondent
JAMMU, Apr 1: Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Tashi Rabstan today dismissed the appeal filed by the State against the judgement of Writ Court whereby premature retirement of Mohd Ashraf Reshi, Incharge Head Assistant was quashed.
The order of premature retirement came to be challenged by the petitioner primarily on the ground that the same had been passed arbitrarily without recording the subjective satisfaction on the basis of the service record as was required to be done in terms of the provisions of Regulation 226(2) of the J&K Civil Service Regulations and the instructions appended thereto.
It was also urged that the order impugned had been passed solely on the ground that there was an FIR registered against the petitioner. In the petition, the Writ Court had quashed the premature retirement. The State filed appeal before the DB against the order of Writ Court. However, DB dismissed the appeal.

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