Rajesh Gupta
JAMMU, Feb 18: There are questions on the integrity & incompetency of top officers, who being the members of screening committees recommended wrong & illegal cases under Art 226(2) by spoiling the image of innocents & damaging their family's as well?
Now again, a Division Bench comprising Justice Sanjeev Kumar and Justice Puneet Gupta while upholding the quashment of premature retirement of one Noor Mohammad Bhat, Deputy Director Forest Protection Force, observed that Mere registration of a case and pendency of challan cannot lead to the conclusion that the integrity of the respondent is so doubtful as would necessitate his weeding out from service prematurely.
It added that Writ Court has, thus, rightly concluded that formulation of opinion by the Government, on the basis of recommendation of the Review Committee, is not based on any relevant material.
The Court also added that mere registration of FIR in a corruption case without there being any other adverse material is not sufficient to formulate opinion by the Government in terms of Article 226(2) of the CSR that retention of Government servant under scrutiny is no longer in public interest.
The relevant parameters which have been indicated hereinabove and which are required to be considered for formulating such opinion have not been kept in view & the Government has violated the mandate of Article 226(2) of CSR, 1956 by ignoring to consider all the relevant material, which must form bedrock of the Government decision to retire a public servant prematurely in public interest.
With these observations, the Division Bench dismissed the appeal filed by the Govt of J&K.
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