Compulsory retirement cannot be based on the sole basis of recommendations of the committee: DB
STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Tashi Rabstan and Justice Puneet Gupta, observed that the power to retire compulsory a government servant in terms of service rules is absolute, provided the authority concerned forms a bona fide 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. 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 bona fide opinion of its own that the writ petitioner can be subjected to compulsory retirement in the interest of the institution.
DB upheld the judgment of writ Court whereby Writ Court quashed the compulsory retirement of Rajinder Kumar then Patwari.
DB while dismissing the appeal filed by UT, observed that in the present case, although it is claimed by the writ respondents that the writ petitioner was not enjoying good reputation and the overall perception in the general public was that he was a corrupt official, yet the writ respondents have not denied that there were no adverse remarks in the APRs of writ petitioner as claimed by him; meaning thereby one can construe that the writ petitioner might have a satisfactory employment record. Thus, the reputation of writ petitioner cannot be termed as doubtful, as projected, nor could his conduct be determined only on spoken words in the absence of any material on record. Further, the writ petitioner has already been acquitted of the offences registered against him vide FIR No.02/2012 under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 read with Sections 420, 465, 467, 468, 471, 201, 120-B RPC registered at Police Station Crime Branch, Jammu with regard to facilitating illegal sale of 40 kanals of land in Village Domana by sheer abuse of his official position for extraneous consideration. Therefore, we do not see any reason to interfere with the judgment of learned Single Judge. Thus, the practice followed by the Government in directing compulsory retirement of writ petitioner pursuant to registration of FIRNo.02/2012 was completely unwarranted. Viewed thus, the Division Bench not inclined to take a view other than the one taken by the Single Judge. Accordingly, the appeal is dismissed along with connected CM(s), if any, upholding the judgment and order of learned Single Judge.
