HC quashes premature retirement of R&B engineer

Srinagar: The J&K High Court has quashed government’s order prematurely retiring an executive engineer in 2012.
“The impugned order dated 13.2.12 is quashed. The respondents (authorities) are directed to reinstate (Shah) in service within a period of 10 days from today and, thereafter, within three months allow him full wages from the date he was illegally and without there being any material prematurely retired him from service,” a bench of Justice Ali Mohammad Magrey said while a petition filed by the engineer, Khurshid Anwar Shah through his counsel advocate Mian Qayoom.
By virtue of the order, Shah was given notice that he, having already rendered 22 years of service, shall retire from service with effect from 13 February 2012. Shah was Incharge Executive Engineer in R&B department and on the complaint of a contractor that he was demanding a bribe of Rs. 2000 from him for processing his bill of the contractual works, the VoK had filed a case against him under prevention of corruption act and had later filed challan before anti corruption court.
Pursuant to his arrest in connection with the case, he was suspended in March 2007. However subsequently he was reinstated on June 2008.
“The respondents in the instant case, have not considered and taken into account the service record or the confidential reports of the petitioner which would furnish the back drop material of the petitioner for consideration by the government or the review committee or the appropriate authority to arrive at, or assume, the requisite satisfaction” the court said, adding, “The respondents have solely relied on the allegation on the basis of which the criminal case was registered against him. The impugned order therefore, vitiated on account of lack of bona fides and obviously has been actuated by considerations extraneous of the exercise of power”.
While quashing the order, the court ordered that the Shah shall be entitled to all consequential service benefits, including increments, seniority, promotional benefit which he would have otherwise earned but for the order.