Kashmir Impulse Desk
Srinagar, Sep 30
The High Court of Jammu and Kashmir and Ladakh has upheld the premature retirement of a government employee, setting aside a Single Judge’s order that had quashed the decision and directed his reinstatement.
A Division Bench comprising Chief Justice Pushpendra Singh Bhati and Justice Sanjeev Kumar allowed the government’s appeal and upheld the 2016 retirement order against G M Lone, who had served for around 38 years and was 58 years old at the time.
The government had compulsorily retired Lone under Article 226(2) of the Jammu and Kashmir Civil Services Regulations through an order dated November 21, 2016.
The government said a screening committee had examined Lone’s service record, general reputation and other relevant material, including his alleged involvement in a vigilance case concerning a demand and acceptance of a 9,000-rupee bribe, before recommending his retirement.
Lone challenged the decision, arguing that his service record was satisfactory, that he had earned promotions during his career and that the vigilance allegations remained unproven as criminal proceedings were pending.
The Division Bench said compulsory retirement was an administrative measure taken in the public interest and did not constitute dismissal or removal as punishment.
Citing Supreme Court rulings, the Bench said such retirement was intended to assess an employee’s continued utility to public administration and did not, in itself, imply misconduct or incapacity.
The court said judicial interference in compulsory retirement cases was limited, but clarified that the power could not be exercised arbitrarily.
It said the competent authority must base its decision on relevant and cogent material and consider the employee’s entire service record, giving appropriate weight to the later years of service.
The Bench said judicial review remained available in cases involving mala fide action, arbitrariness, absence of evidence, failure to consider relevant material or reliance on extraneous considerations.
The court set aside the Single Judge’s October 5, 2018, decision and upheld the government’s November 21, 2016, order prematurely retiring Lone.
