STATE OF J&K & ORS Vs. BAJ SINGH

JUDGEMENT

(1.) The present Letters Patent Appeal has been preferred against the judgment and order dated 22.12.2016 passed by the learned Single Judge in SWP No. 1940/2015. The writ court has, by virtue of the judgment and order impugned, quashed the Govt. Order No. 879-GAD of 2015 dated 30.6.2015 whereby the petitioner had been prematurely retired from service.

(2.) The basis on which the writ court proceeded to quash the order of premature retirement and allowed the petition was the fact that the premature retirement had been ordered only on the basis of the registration of an FIR against the petitioner and without considering his service record.

(3.) However, with a view to understand the background in the light of which the present controversy has arisen, it is necessary to give a few material facts in brief: