Other Courts

JK and Ladakh HC Sets Criteria for Compulsory Retirement of Government Employees

The Jammu & Kashmir and Ladakh High Court has recently clarified the criteria for compulsory retirement of government employees under the J&K Civil Services Regulations.

It held that a decision to prematurely retire an employee cannot be solely based on committee recommendations. Instead, the competent authority must independently form a bona fide opinion that the retirement is in the institution’s interest.

In a Letters Patent Appeal, the bench overturned the earlier order of the Single Judge, which had quashed the petitioner’s compulsory retirement. The impugned order, issued under Article 226(2) of the Jammu and Kashmir Civil Services Regulations, had prematurely retired the petitioner.

The bench analyzed the concept of compulsory retirement, emphasizing the need to eliminate inefficiency, corruption, dishonesty, and deadwood from government service. It reiterated that a bona fide opinion by the competent authority is essential for justifying compulsory retirement.

The judgment highlighted the employer’s obligation to produce relevant documents when an order is challenged as arbitrary or mala fide under Article 226. The court ruled that the service record of a government servant should not be considered privileged and inaccessible to the court.

Regarding involvement in criminal cases as a basis for compulsory retirement, the bench clarified that mere involvement does not establish guilt. The nature of the offense and the circumstances of each case should be carefully considered.

In this case, the court noted that the petitioner’s reputation had not been officially questioned, as no adverse remarks were found in the Annual Performance Reports. Moreover, the petitioner had been acquitted of the charges. Therefore, the court concluded that the petitioner’s compulsory retirement based solely on the registration of a criminal case was unwarranted.

Consequently, the State’s appeal was dismissed.

Nunnem Gangte

Recent Posts

Centre Opposes Ex-Judges Panel To Monitor Stubble Burning In SC

The Centre on Friday opposed a proposal in the Supreme Court to form a committee…

2 hours ago

“It’s A Celebration For Us”: Delhi HC Bar Association Felicitates CJI Sanjiv Khanna

The Delhi High Court Bar Association on Friday honored Chief Justice of India Justice Sanjiv…

2 hours ago

International Criminal Court Issues Arrest Warrant For Israeli PM Netanyahu

The International Criminal Court has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu,…

3 hours ago

Cal HC Stays Demolition Of Illegal Constructions In WB’s Mandarmoni

The Calcutta High Court on Friday granted an interim stay on the demolition of alleged…

3 hours ago

SC To Pass Order On Pleas To Efface Words ‘Secular’, ‘Socialist’ From Preamble

The Supreme Court on Friday announced that it would deliver its order on November 25…

4 hours ago

Air Pollution: SC Questions Delhi Govt On Truck Entry Amid GRAP-4 Restrictions

The Supreme Court raised concerns on Friday about the "drastic" consequences of the GRAP Stage…

4 hours ago