Excelsior Correspondent
JAMMU, Apr 5: Observing that mere registration of a case against an employee cannot form the basis of retiring him from services, High Court today quashed such the premature retirement of District Mineral Officer with the direction to the Government to reinstate him and grant all the consequential benefits within a period of one month.
“It is well settled that a person accused of an offence is presumed to be innocent unless and until his guilt has been proved but the State has applied this principle in the reverse, perhaps, labouring under the belief that the maxim of law is that every person is presumed to be guilty, unless and until he proves his innocence”, Justice M K Hanjura said.
“It is only on the culmination of the trial that if the charges are proved against the accused and as a consequence thereto he is convicted and sentenced that such an opinion can be framed”, read the judgment.
The petitioner Abdul Gani Mir was serving as Mineral Supervisor, I/C District Mineral Officer, Bandipora, Industries & Commerce Department at the time of his compulsory retirement from the services.
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