Justice Sanjeev Kumar on Thursday quashed the premature retirement of Abdul Hamid Wani (KAS), then posted as Project Officer DRDA/IWMP, Bandipora.
Justice Sanjeev Kumar after hearing both the sides observed that APRs/ACRs of the petitioner were not considered by the Committee on the plea that these were not available. “This speaks about non-application of mind by the Establishment Committee to arrive at a conclusion without looking into the relevant record.
The petitioner has placed on record copies of the APRs and the same have not been denied by the respondent in their reply affidavit. There is, however, a two-line statement in the minutes of the meeting of the Committee, upon which much stress was laid by the counsel for the respondent. The two line statement reads, “Through his consistent conduct over a period of time, the employee does not enjoy a good reputation in the public”. There was no material available with the Committee or before the competent authority to come to such a conclusion nor is there any indication in the minutes of the meeting of the Committee as to how the Committee arrived at the aforesaid opinion”, the court observed and added that it is evident that the APRs/ACRs of the petitioner as also his other service record were not placed before the Establishment Committee which arrived at the conclusion for retiring the petitioner prematurely on the basis of two FIRs and that the reputation of the petitioner was not good.
With these observations, High Court set-aside the impugned order and allowed the petition.