Compulsory retirement cannot be based on sole basis of recommendations of committee: DB

STATE TIMES NEWS

JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Tashi Rabstan and Justice Mohan Lal while upholding the judgment of writ Court whereby Writ Court quashed the premature retirement of Narayan Dutt AEE, observed that the power to retire compulsory a government servant in terms of service rules is absolute, provided the authority concerned forms a bonafide opinion that compulsory retirement is in public interest. Further, the order of compulsory retirement cannot be based on the sole basis of recommendations of the committee which has to be considered by the competent authority in accordance with law.
DB further observed that merely because the committee has made recommendations for retirement of writ petitioner, he cannot be compulsorily retired unless the competent authority comes to a conclusion after forming a bonafide opinion of its own that the writ petitioner can be subjected to compulsory retirement in the interest of the institution.
DB inclined to take a view other than the one taken by the Single Judge. Accordingly, the appeal is dismissed along with connected IA upholding the judgment and order of learned Single Judge.
As regards pendency of criminal case against the writ petitioner pursuant to registration of FIR No. 92/2006 under Section 5(2) Prevention of Corruption Act read with Sections 409, 420, 467, 468, 477-A and 120-B RPC at Police Station Nowshera, District Rajouri, Division Bench directed that the concerned Court shall conclude the trial, if not already concluded, positively within a period of next six months from today without any excuse, and, if need arises, fix the hearing twice in a week as the matter is pending for the last about seventeen years.