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ALI MOHAMMAD MAGREY, PUNEET GUPTA
State of J&K – Appellant
Versus
Reyaz Anwar Masoodi – Respondent
JUDGMENT :
Ali Mohammad Magrey, J.
This Letters Patent Appeal by the State of J&K (Now Union Territory) has been filed against the judgment and order dated 23.03.2018 passed by a learned Single Judge of this Court whereby the respondent’s writ petition, SWP no.1453/2015, challenging his compulsory retirement order from Government service, issued by the appellants, has been allowed quashing the order impugned therein with direction to the appellants to reinstate the respondent-writ petitioner and grant him all consequential benefits within the period specified therein.
2. We heard learned counsel for the parties and considered the matter.
3. The respondent (writ petitioner) was initially appointed as Range Officer Grade-I on ad hoc basis vide Government order no.303-FST of 1995 dated 12.10.1995. Later, he was substantively appointed on the post vide Government order no.227-FST dated 24.05.2004 and was continued at North Jehlum Range, Baramulla. Thereafter, vide Forest Order no.236 of 2004 dated 19.07.2004, he was transferred and posted at Forest Range, Rajwar, Handwara. From there he was transferred and posted at Rafiabad Range, Watergam of Langate Forest Division. While being posted
Compulsory retirement of a government employee must be based on a comprehensive evaluation of their entire service record and cannot rely solely on the existence of an FIR.
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Compulsory retirement invalid without cogent material from service record proving doubtful integrity; mere FIR involvement despite acquittals and clean APRs cannot justify order, which must consider ....
An order of compulsory retirement must be based on a thorough assessment of the entire service record of the employee, and if it casts a stigma or is based solely on disciplinary actions without cons....
The order of compulsory retirement of a judicial officer under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996, is not arbitrary, unreasonable, discriminatory, or mala fide if it is ....
Point of Law : Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, con....
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