HC Sets Aside Order Retiring Judge Compulsorily In 2014

Srinagar- The High Court of J&K and Ladakh has set aside a government order by which a senior district judge was compulsorily retired, less than couple of months before his actual superannuation in 2014.

The senior member of judicial services, Muzaffar Iqbal Qureshi, had been compulsorily retired and according to him the same was contrary to rules, contending that the High Court of Jammu and Kashmir was required to assess the judicial officers for their continued utility in service beyond the age of 50, 55, 58 years.

Qureshi argued that exercise to determine his utility as judicial officer to continue in the service was required to be undertaken by the High Court before he attained the age of 58 years as per the requisite standard prescribed for assessing the utility of the member of the judicial service for continuing in the service beyond 58 years.

So far as he was concerned, Quershi said that the exercise was undertaken when only eight months were left for him to attain age of superannuation and in fact he had been compulsorily retired just before less than two months of his superannuation.

“After examining the record, we find that there are no allegations of corruption or otherwise against the petitioner (Qureshi) and his integrity was never doubtful,” a bench of Justice Rajnesh Oswal and Justice Wasim Sadiq Nargal, adding,“A person of doubtful integrity can be shown the door at any time but after following the due process of law.”

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