Jammu, June 8: A Division Bench of Jammu High Court has directed the government to reinstate an employee, who was declared as dead-wood and forcibly retired by the previous government.
 The Bench comprising Justice Virender Singh and Justice Sunil Hali directed the state to reinstate the petitioner, Des Raj who was working a Girdawar.
 The petitioner Vide order No 1263-GAD of 2004 dated September 20, 2004 was retired from service with effect from September 21, 2004 by the then government, who had launched a drive against “dead-woods” in the departments.
 The DB after hearing both sides and perusing the judgment passed by the single judge observed that the order of pre-mature retirement was passed in public interest and was intended to weed out the dead-wood from the service.
 However, it has to be passed keeping in view the over all assessment of service profile and reputation of the official. The limited judicial intervention is only to the extent of examining the material on the basis of which opinion has been framed by the competent authority, the court observed.
 It added that once the writ Court found that there was no material on the basis of which the appellant/ petitioner could be retired pre-maturely, the order passed in this regard by the respondent state was required to be quashed which has not been done by the Judge earlier.
(JNF)

Lastupdate on : Tue, 8 Jun 2010 21:30:00 Makkah time
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