HC quashes premature retirement of 4 officials

Excelsior Correspondent
JAMMU, July 2: High Court has quashed the premature retirement of Narayan Dutt, Assistant Executive Engineer, Rash Pal Ram, Tehsil Supply Officer and Chamel Singh, Junior Assistant, both of CAPD Department and Basu Dev Singh, Meter Reader in PDD.
After hearing Senior Advocates DC Raina, Sunil Sethi, Advocates Anil Sethi, Vipan Gandotra, Ankesh Chandel, Sudershan Sharma and Manik Mahey appearing for the petitioners whereas AAG LK Moza appearing for the State, Justice Sanjeev Kumar observed, “as a matter of fact, APRs/ACRs of the petitioners were not considered by the committee on the plea that these were not available. This itself speaks about the non-application of mind by the committee which arrived at the conclusion without looking into the relevant record”.
“The petitioners have placed on record copies of the APRs and the same has not been denied by the respondents in their reply affidavit. There is, however, a statement in the minutes of the meeting of the committee, upon which much stress was laid by the counsel for the respondents”, High Court said, adding “there was no material available with the committee or before the competent authority to come to such a conclusion nor is there any indication in the minutes of the meeting of the committee as to how the committee arrived at the opinion”.
With these observations, High Court quashed the premature retirement of the petitioners and directed their reinstatement forthwith along with all consequential benefits.

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