STATE OF J&K Vs. MOHAMMAD ASHRAF RESHI

JUDGEMENT

(1.) The present Letters Patent Appeal has been preferred against the judgment and order dtd. 7/8/2018 passed by the learned Single Judge in SWP No.1527/2015. The writ Court has, by virtue of the judgment and order impugned, quashed the Government order bearing No.862-GAD of 2015 dtd. 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 was the fact that same had been ordered only on the basis of the registration of an FIR against the petitioner.

(3.) The Government, it appears, had exercised its powers vested in it in terms of Regulation 226(2) of the Jammu and Kashmir Civil Services Regulations, which authorizes the Government to retire a Government servant at any time after he has completed 22 years of service or attained the age of 48 years in public interest. This power is exercisable by the Government to remove such Governments servants, who are considered as deadwood, inefficient and of doubtful integrity.