*Passes strictures against Govt
Excelsior Correspondent
JAMMU, Dec 14: High Court today quashed the premature retirement of Shamim Ahmad Laherwal, who at the relevant time was functioning as Director General, Libraries and Research.
Laherwal was prematurely retired vide Order No.870-GAD of 2015 dated June 30, 2015 by the Government in exercise of powers conferred by Article 226(2) of the Jammu and Kashmir Civil Services Regulations, 1956.
After hearing the petitioner in person whereas AAG M A Beigh for the State, Justice Ali Mohammad Magrey observed, “the case of the petitioner is that he all along his service performed his duties with utmost honesty, integrity and dedication which earned him the reputation of an officer of high merit which is evidenced by the fact that in his Annual Confidential Reports (APRs), written by varied officers under whom he had the occasion to work, he has all along been categorised as outstanding or very good”.
“Based upon his merit, integrity and such APRs, he rose through ranks by having been granted promotions at different levels so much so at the time of issuance of the impugned order he was holding the post of Director General, Libraries and Research – a post equivalent in rank to that of a Commissioner/ Secretary to Government – and was due for next higher promotion as Principal Secretary to Government”, the court said, adding “it has been pleaded that there is no case of criminal nature involving allegations of corruption lodged or registered against him”.
“Since a good number of officers/officials have been prematurely retired, this court has had the occasion to deal with a few of the writ petitions filed by the affected persons and go through the replies of the respondents. This court noticed that the Government has prepared stereotype replies in these petitions and hardly any attempt made to contest the case on the merits of the issue specifically involved”, Justice Magrey said.
After hearing both the sides in length, Justice Ali Mohammad Magrey quashed the Government Order No.870-GAD of 2015 dated 30.06.2015, whereby the petitioner was given notice in exercise of the powers conferred by Article 226(2) of the Jammu and Kashmir Civil Service Regulations, that he, having already rendered 22 years of service, shall retire from service with effect from forenoon of 01.07.2015.
The petitioner was directed to report for duty before Commissioner/Secretary to Government, General Administration Department within seven days from today.
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