Jammu, Nov 24: Giving a one more shock to Govt under a competant Law Minister & his team Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar has dismissed the appeals of State against the judgment of writ court whereby premature retirement of Assistant Director CAPD T P Singh and Naib Tehsildar Fida Hussain was quashed.
After hearing both the sides, the DB observed, “from the perusal of the minutes of the meeting of the committee, which recommended compulsory retirement of the respondents, it is abundantly clear that decision was taken in view of the registration of FIRs by the Vigilance Organization, adding apart from FIRs, no other record was either placed before the committee or the competent authority.
The perusal of the record and similar statements in the cases of all employees, who were recommended by the committee and were ultimately compulsorily retired, reveal that there is no material available with the committee or before the competent authority to come to such a conclusion, the DB said,
After going through the judgments cited by the counsel for the State, the DB said, we are of the opinion that the issues, which the appellants have raised in the appeals, have been elaborately considered and dealt with in the case of Abdul Majid’s case. We do not find that the law laid down by this court in Abdul Majid’s case is in any way in conflict with the judgments of the Supreme Court relied upon by the appellants and there is no dispute that the cases at hand are virtually identical to the case of Abdul Majid.
Stating that judgment passed in Abdul Majid’s case applies on all fours to the instant cases, the DB said, “judgment of the Single Judge, impugned in these appeals, does not call for any interference and the same is, therefore, upheld.
Shall Chief Ministeer act as per law on the Law Minister/officers of Law Deoartment, who reccomended for LPA despite lot of orders quashed by Supreme Court of India into the matter, which caused loss to govt exchequer by way of litigation charges?
Why not CM acting on so called high level commettee constituted for the purpose, which is approvimg illegal orders iun violation of Art. 226(2) JKCSR, otherwise it proves that such incompetant officers in Govt are misusing their powers illegally to harrass the innocents?
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