Jammu, Dec 26: High Court is giving slap over slap to govt/high power committee of the statre by quashing illegal compulsory retirement orders paassed. None of them feel shame for such an harrassment to innocents, without any fault.
If Govt wants to do justice with innocents, action be taken on the concerned at every level, who so ever had made such illegal reccomendation of compulsory retirement?
High Court again quashed the premature requirement of Gautam Singh, Junior Assistant of the Consumer Affairs and Public Distribution Department with the direction to the Government to reinstate him with all consequential benefits within a period of one month.
Justice M K Hanjura observed that an important facet which cannot be lost sight of is that the committee headed by Chief Secretary has given a complete go by 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.
Court said that “The Regulation lays great emphasis on considering 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 smoke of cloud, his case has to be considered on the parapet and the bulwark of the chain of the documents/ service particulars”, Justice said.
The reputation of a public servant cannot be termed as doubtful and his conduct cannot be determined only on spoken words in the absence of any material on record. This is a fundamental flaw in the order issued against the petitioner, whereby he has been shown the door.
|