MOHINDER SINGH Vs. CHIEF JUSTICE OF J&K

JUDGEMENT

(1.) WE have heard Mr. Qureshi, learned counsel for the appellant as well as Mr. Kawoosa, learned AAG appearing for respondents.

(2.) APPELLANT was working in the court of 2nd Addl. Munsiff, Srinagar. He was prematurely retired from service by order No. 1194 dated: 25 -03 -1987 passed by the Honble Chief Justice in exercise of the powers conferred on him under Article 226 (2) of the Jammu and Kashmir Civil Services Regulations. The impugned order runs as under:

(3.) BASICALLY the main thrust of appeal is that the appellant has been compulsorily retired by way of punishment. It is contended by Mr. Qureshi that from the impugned order it would clearly appear that the appellant has been placed under suspension on the allegations levelled against him and instead of inquiry into the allegations made against him, he has been retired prematurely by invoking the provisions of Art. 226 (2) of the J&K C.S.R. We at this stage point out that this is an admitted case although there was some complaint made against the appellant. No proceedings were started against the appellant by filing a charge sheet. Proceedings in departmental inquiry is preceded by a charge sheet. Since, admittedly, no charge sheet has been framed against the appellant, there is no question of conducting any inquiry in terms of Art. 311 of the Constitution of India. Argument of Mr. Qureshi has no substance and is accordingly rejected.