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2017 Supreme(J&K) 1033

DHIRAJ SINGH THAKUR, SANJAY KUMAR GUPTA
State of J. & K. – Appellant
Versus
Madan Lal – Respondent


Advocates Appeared:
For the Appellant : Rohit Kapoor, AAG
For the Respondents: Rahul Pant

JUDGMENT :

Dhiraj Singh Thakur, J.

1. The present Letters Patent Appeal has been preferred against the judgment and order dated 06.04.2017 passed by the learned single Judge in SWP No. 1372/2017. The writ court has, by virtue of the judgment and order impugned, quashed the Govt. Order No. 184-GAD of 2012 dated 13.2.2012 whereby the petitioner had been prematurely retired from service. The basis on which the writ court proceeded to quash the order of premature retirement and allowed the petition was the fact that the premature retirement had been ordered only on the basis of the registration of an FIR against the petitioner and without considering his service record.

2. However, with a view to understand the background in the light of which the present controversy has arisen, it is necessary to give a few material facts in brief:

3. Regulation 226(2) of the Jammu and Kashmir Civil Services Regulations authorizes the Government to retire a Govt. servant at any time after he has completed 22 years of service or attained the age of 48 years in public interest. This power is exercised by the Govt. to remove such Government servants, who are considered as deadwood, inefficient or are of doub

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