VidhiSangh

Supreme Court of India · 02/05/2019

THE STATE OF JAMMU AND KASHMIR AND ORS. versus FARID AHMAD TAK

[2019] 7 S.C.R. 1 · 2019 INSC 617

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Summary

Three challenges concerning compulsory retirement were remitted to the Jammu and Kashmir High Court for fresh consideration. The Division Bench had proceeded on an incorrect common premise that the officials were caught accepting bribes, and had not examined the prescribed engineering-staff performance criterion in light of prosecution-sanction material concerning wrongful State loss. The Supreme Court did not finally uphold the retirement orders. Summary dismissal of other special leave petitions did not settle the merits.

Issues

  1. Whether the Division Bench had considered the actual allegations and relevant service-regulation criterion.
  2. Whether summary dismissal of special leave petitions in other retirement cases concluded the issue.

Provisions considered

Held

Result

Appeals allowed to the extent of setting aside the three Division Bench judgments. LPASW Nos. 182, 159 and 180 of 2017 restored and remitted to the High Court Division Bench for fresh consideration. No costs.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 1.