Compulsory Retirement Guidelines Redefined By Hon’ble Courts But Checklist Hardly Bothered In J&K17 November, 2016, By Cross Town News
JAMMU,Nov 17: It is well aware of the facts that State Government has Compulsorily retired so many Govt. officers of their choice without following the rules framed by the Govt. itself in Art.226. The Art. 226 clearly speaks that before taking such drastic action five years dervice record should be taken into consideration but the history of the orders speaks reverse of that.
There are lot of innocents who faced this illegal act of the Govt. & Hon’ble High Court & Supreme Court slaped on the face of Govt. by quashing the orders of Compulsory retirement passed by the Govt. Hon’ble Court should also punish the officers,who sign such kind of illegal orders in violation of rules, Art. 226 & guideline passed by Apex Court into the matter.
Hon’ble Apex Court in SurinderShankaeAwasthi v/s State of U.P. has quashed the order of Compulsory retirement with the observations as “An exparieenqury has been carried out by CID, the secreening committee recommended the compulsory retirement & petitioner was compulsorily retired”.
Held-: The order of compulsory retirement sufferes from the vice of inflicting punishment on the petitioner & in violative of Art.311 of the constirution of India. If the allegations against the petitioner were found to be substantiated by the CID. It was the bundended duty to held an enquiry against the petitioner for providing a proper opportunity to him rather than to have adopted this short cut of removing him from service. Order quashed.
There are few examples in J&K also speaks about intelligence of IAS officesr,who signed Compulsory Retirement on the report of CID. It is pertinent to mention here that CID, on the intervention of High Court commented that, “CID being the intelligence genreting agency & don’t gather any documentary evidence.”
The said amount should be recovered from the personal pockets of such incompetent officers shall definatly have a check in future for passing of such illegal orders in violation of rules& Art. 226 especially when the the Big corrupt fishes are kept free.