HC sets aside Govt order declaring EO as ‘dead wood’

Excelsior Correspondent
srinagar, Feb 27: High Court today set aside the Government order declaring former Executive Officer Sopore as ‘dead wood’.
Justice MK Hanjura quashed the premature retirement of ex-Executive Officer Sopore Abdul Latief Mir who was declared dead wood by the Government by virtue of order passed way back in the year 2015.
Court said it appears that the Committee in a figment of imagination without considering their script and content arrived at an unjustified and unwarranted conclusion. These documents would have made it clear that all that has been shown to glitter by the Committee is not gold.
The imputations ascribed, court added, to the petitioner in retiring him compulsorily in hot haste appear to be devoid of merit and substance on the face of the contents of the documents.
Quashing the order of compulsory retirement of petitioner from his services, court said, the impugned order bearing no.169-HUD 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”, reads the order.
Court said, merely that some preliminary enquiries have been conducted 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.169-HUD of 2015 dated 30th of June, 2015, is quashed.
“The respondents are directed to reinstate the petitioner and grant him all consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner”, court directed.