Excelsior Correspondent
JAMMU, Apr 8: High Court has quashed the premature retirement of Madan Lal, the then Head Draftsman Jammu Development Authority.
After hearing Advocate SK Shukla appearing for the petitioner whereas Senior AAG Seema Shekhar appearing for the State, Justice Alok Aradhe observed, “the controversy involved in the instant writ petition is squarely covered by order dated 22.12.2016 passed in SWP No.1940/2015 whereby Court ordered that the order of compulsory retirement is punitive in nature”.
“While passing the order of compulsory retirement, the respondents have taken into account the alleged misconduct on behalf of the petitioner. But at the cost of repetition, it may be mentioned that the order of compulsory retirement cannot be passed as shortcut to avoid the departmental inquiry, when such course is more desirable”, High Court said, adding “in the instant case, it appears that order of compulsory retirement has been passed as shortcut to avoid departmental inquiry”.
With these observations, High Court quashed impugned order dated 13.02.2012 and directed that the petitioner shall be reinstated in service with all consequential benefits within one month.
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