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The State of Jammu and Kashmir and Ors. v. Farid Ahmad Tak

Civil Appeal · 2019 INSC 617Decided 2 May 2019
Civil Appeal No. 4563 of 2019
Justice Uday Umesh Lalit · Justice Indu Malhotra

Background

This order sends the cases back; it does not decide them. The respondent, an Assistant Executive Engineer, was compulsorily retired in 2015 over alleged corruption. The High Court's Division Bench ruled on the retirement in three connected appeals.

Decision Breakdown

This is not a final decision on the retirement. The Court found that the Division Bench had wrongly proceeded as if the employee was caught red-handed taking a bribe, and had not considered a regulatory clause on project cost and time overruns. It set aside the judgments and sent the three appeals back to the Division Bench for fresh consideration.

Lesson Learnt

There is no final ruling yet. A judgment resting on a wrong factual premise is sent back for a fresh decision.

Official source (sci.gov.in)View Judgment (PDF)

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