Excelsior Correspondent
JAMMU, Sept 25: High Court today quashed the premature retirement of Mohammad Bashir Rather, the then In-charge Tehsildar (North) Srinagar.
While quashing the premature retirement order, Justice Alok Aradhe observed, “it is well settled in law that an order of compulsory retirement shall not be passed as a short cut to avoid departmental regular enquiry when such a course is desirable”.
“In the instant case it is evident that the petitioner was alleged to be guilty of gross financial irregularities which the petitioner has vehemently denied. The departmental regular enquiry was initiated against the petitioner and he was placed under suspension However, his order of suspension was revoked and no reasons have been assigned by the respondents as to why departmental enquiry was not concluded against the petitioner”, High Court further observed.
“An order of compulsory retirement cannot be passed as punitive measure to avoid a departmental enquiry. In the instant case, within four days of revocation of order of suspension on the charges of financial irregularities, the order of pre-mature retirement has been passed with a view to avoid the departmental regular enquiry and in the considered opinion of this court, the order of compulsory retirement in the instant case has been passed as a punitive measure which is not permissible under law”, Justice Aradhe said.
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