Excelsior Correspondent
JAMMU, Jan 25: Vacation Judge of Srinagar Wing of High Court Justice M K Hanjura has quashed the Government order whereby Dr Fayaz Ahmad Banday, Medical Officer, PHC Surasyar was given premature retirement.
“The impugned order bearing No.860-GAD of 2015 dated 30th of June, 2015, cannot stand the test of law and reason. It is not based on any material from which a reasonable opinion could be derived to put forth the plea that the petitioner has outlived his utility as a Government servant or that his conduct was such that his continuance in service would be prejudicial to the public interest”, High Court said.
“Merely that a case or cases have been registered against the petitioner by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which, the impugned order bearing No.860-GAD of 2015 dated 30th of June, 2015, is quashed”, Justice Hanjura said.
The High Court directed the respondents to reinstate the petitioner and grant him all consequential benefits within a period of one month.
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