Court revokes termination order of former Secretary State Women’s CommissionSrinagar, Nov 15, CNS:Terming the government order impugned, Jammu and Kashmir High Court Tuesday revoked the termination order of Muhammad Yousuf Bhat who was posted as Secretary, State Commission for Women at the time of his termination.
In July last year, the incumbent government had dispensed the services of 63 of its employees, against whom there were charges of corruption. The government has decided to retire 63 employees whose performance according to the then Chief Minister Mufti Muhammad Sayeed led government was not up to the mark or who had integrity issues and faced charges of corruption.
The court of Justice Ali Muhammad Magray while revoking the termination order of one of the 63 bureaucrats Muhammad Yousuf Bhat observed that Committee formed by the government to look into the corruption cases has not checked the entire service record (ACR’s/APR’s) of the petitioner (Muhammad Yousuf Bhat). “The whole exercise is therefore, rendered arbitrary, on account of non-application of mind on the part of the Committee,” the court according to news agency CNS observed.
“After reading the entries made in the ACR’s of the petitioner, it is established beyond doubt that there was nothing adverse about the petitioner’s performance, conduct or reputation for integrity. An order of premature retirement which is passed without considering and taking into account the entire service of an employee, especially his APR’s and ACR’s, and is not supported by the same, can’t withstand the scrutiny of law. What is astonishing is that the Committee has taken note of the fact that the sanction to prosecute the accused in FIR vide number 41/2003 stood quashed and yet they (Committee) have proceeded to found their recommendations thereon,” the court said.
The petitioner was represented by Advocate M.Y.Bhat while respondents from the government were Advocate General Jahangir Iqbal, Additional Advocate General M.A.Beigh and Advocate Muzafar Nabi. (CNS)