SHAH LATIF Vs. STATE OF J&K

JUDGEMENT

(1.) AGGRIEVED by Government Order No.1546 -GAD of 2003 dated 09.12.2003, giving notice to Shah Latif that he having already attained forty years of age, shall retire from service w.e.f. Forenoon of 9th December, 2003, appellant approached Writ Court for quashing the Government Order and permitting him to discharge his duties as Director, Rural Sanitation Department, Jammu.

(2.) WRIT Court examined the grievance of the appellant. It, however, did not find any merit in the petition, which was dismissed vide judgment dated 01.11.2004.

(3.) SH . M. A. Goni, learned senior counsel appearing for appellant, submitted that the State Government had erred in directing compulsory retirement of the appellant from government service. According to Sh. Goni, sufficient material was not available on records on the basis whereof order of compulsory retirement was warranted. Learned counsel submits that the clean image of the appellant during his service career, has suffered a stigma. According to the counsel, the service of a government employee cannot be put to an end on the basis of a stigma unless he is heard in the matter and proper inquiry in this behalf is conducted under Rules. Learned counsel further emphasized that the case, on the basis whereof he has been considered for compulsory retirement, stands since dismissed by the Special Judge, Anti Corruption, and in that view of the matter no reason subsisted for directing his compulsory retirement. Sh. Goni further submitted that there was no proof of the allegations on the basis whereof, appellant has been compulsorily retired and the absence of proof would not authorize the employer to retire a person compulsorily.