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CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjeev Gupta, Judicial Member, Pragya Sahay Saksena, Administrative Member
Subash Singh Chib – Appellant
Versus
State of J&K through Commissioner/Secretary, General Administration Department – Respondent
| Table of Content |
|---|
| 1. applicant's service history and impugned retirement order (Para 1 , 2) |
| 2. applicant's acquittals and challenge to retirement (Para 3 , 4 , 7 , 8) |
| 3. tribunal quashes order and reinstates applicant (Para 5 , 10 , 29 , 30 , 31) |
| 4. respondents' justification based on corruption allegations (Para 6 , 9 , 22 , 23 , 24 , 25) |
| 5. object and scope of compulsory retirement regulations (Para 11 , 12 , 13) |
| 6. judicial review requires entire service record consideration (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 7. acquittals and clean record invalidate punitive retirement (Para 21 , 26 , 27 , 28) |
ORDER
Per:- Sanjeev Gupta, Judicial Member
The applicant is aggrieved of Government Order No. 1265-GAD of 2016 dated 21.11.2016, (hereinafter called impugned order) whereby he was compulsorily retired from Government service w.e.f. 22.11.2016 in exercise of powers under Article 226 (2) of the J&K Civil Service Regulations. The foundation for the impugned order was that two separate criminal cases viz; FIR No. 02 of 2012 and FIR No. 15 of 2014 registered in Crime Branch and in Vigilance Organization, Jammu respectively, for commission of offences punishable under J&K Prevention of Corruption Ac
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