Srinagar: The Jammu and Kashmir High court on Friday upheld a single bench judgment reinstating a doctor who was forced premature retirement in 2015 after begin described as “deadwood”.
Dr Riyaz Ahmed Dar, who acted as medical officer, Medical supplies Jammu and Kashmir was prematurely retired from services after state declared him a corrupt officer. He challenged the said order and in 2015 a single bench ordered his reinstatement but the state filed another petition which was dismissed by court today ordering his reinstatement with all the benefits thereof.
A division bench of Chief Justice Badar Durrez Ahmed and Justice Ali Muhammad Magrey held that the judgment under challenge did not warrant any interference.
“We have carefully gone through the impugned judgment and find that the learned Single Judge has elaborately examined the recommendations made by the Committee and every allegation contained therein in the context of the record produced before it and has come to definite findings already quoted in this judgment. This is a case where the allegations forming the sheet-anchor of the order of compulsory retirement have been found to be not only controverted but proven false”.
“The very premise and foundation of the recommendations that Dr Riyaz’s integrity was doubtful, does not with stand the scrutiny of law. Consequently, the recommendation would not stand and, resultantly, the action taken thereon would equally be rendered baseless and unfounded”.
etitioner’s counsel Altaf Haqani pleaded before court that there was no service record of the petitioner, his ACRs or any material placed before the Committee to enable it to take a decision. He submitted that it was obligatory on the part of the Committee to have considered the ACRs of the petitioner, at least, pertaining to the last five years, but admitted that was not done.
“In the record of minutes maintained by the General Administration Department in the shape of the Note in connection with the meetings held by the Committee, there is nothing coming forth from the record of such minutes even to suggest that, in fact, there was any material or record placed before the Committee concerning the petitioner that would show that he had, in fact, doubtful integrity,” the court said.
The single bench had quashed the government order (No 858-GAD of 2015 dated 30-6-2015) and directed the concerned authorities to take petitioner back into service and grant him all consequential benefit.