Major Set-Back to J&K State in premature retirement case

Jammu: In a major Set-back to J&K State Government, Division Bench of State dismissed LPAs of State challenging the judgment including Chief Engineer Prem Nath.
A Division Bench of State High Court Comprising Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar after hearing AAG Rohit Kapoor for the State dismissed the LPA filed by the State against Mumtaz Hussain Bhat, Sher Singh, Girdhari Lal, Tarsem Lal, Farid Ahmed Tak, Sher Mohd Khan and Prem Nath Chief Engineer.
While dismissing the appeal, Division Bench observed that while the committee can always asses the integrity of a government servant and consider the reputation which he enjoys yet for assessing the same, there has to be some basis in the service records. Hearsay reputation or casual statements questioning the integrity of a person ought not to be considered for the same may be baseless or attributed for malafide purposes. Even for purposes of assessing the reputation of a government servant, the material must be cogent, the same must be in the shape of record which must then be considered in the correct perspective. Opinion regarding doubtful integrity and questionable reputation must emanate from an officer, who has had an opportunity to see the work and conduct of the officer from a close quarter on a day to day basis. Relying upon an opinion of Secretary of the Administrative Department, who might not have any firsthand information and experience of having seen and worked with the officer concerned would be both risky and uncalled for and would give credence to the saying “give a dog a bad name and then kill it.’
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