STATE TIMES NEWS
SRINAGAR: Justice M.K Hanjura of J&K High Court quashed the order of Mohammad Shafi Shah then Assistant Manager JKPCC, with the observations that mere registration of FIR by the Vigilance Organization (VOK) cannot form the basis of retiring him compulsorily, as a corollary to which the impugned order bearing No. 36/2015 dated 30-06-2015, issued by the Managing Director, J&K Projects Construction Corporation Ltd. Srinagar, is, quashed.
Justice M.K Hanjura after hearing both the sides observed that argument of the counsel for the respondent that the principles of natural justice cannot be invoked by a public servant in the aid of assailing an order of compulsory retirement and that such an order does not amount to a punishment, is based on the sound principles and canon of law, but to say that such an order can be passed by shunning the material on the basis of which such an order can be passed in terms of the rules, regulations and the law governing the subject, is a spurious and a contrived argument. Such an assertion is devoid of merit and does not have the legs to stand upon.
Justice M.K Hanjura further observed that an important facet which cannot be lost sight of is that a complete go bye has been given to the Regulation 226(2) of the J&K CSR read with the instructions buttressed to it in considering the compulsory retirement of the petitioner. These lay great emphasis and spell out the need and demand to consider the entire service record of the public servant available in the shape of APRs, service book, personal file giving the details of the complaints received against him from time to time and so on and so forth.
While considering the desirability of the retention or otherwise of a public servant, whose conduct has come under a cloud, the criminal case or cases registered against him can be considered on the parapet and the bulwark of the chain of the documents/service particulars, as stated hereinbefore. But to say that an FIR can form the sole basis to retire a public servant compulsorily is neither in tune nor in line with the scheme and mandate of Article 226(2) of the J&K CSR read with the guidelines supra and the judicial pronouncements holding the ground.
