PARSHOTAM KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) In this writ petition preferred under Article 226 of the Constitution of India read with Sec. 103 of the Constitution of the State of Jammu and Kashmir, the petitioner inter alia seeks quashment of order dtd. 30/6/2015 by which respondents in purported exercise of powers under Article 226(2) of the Jammu and Kashmir Civil Services Regulations (hereinafter referred to as 'Regulations') have compulsorily retired the petitioner in public interest. The petitioner also seeks a direction to the respondents to permit the petitioner to continue as Village Level Worker and to accord him all consequential benefits.

(2.) The facts leading to filing of the writ petition briefly stated are that the petitioner at the relevant time was holding the post of Village Level Worker and was posted at Block Ghat, Doda. The petitioner was served with the impugned order dtd. 30/6/2015 by which the petitioner was retired in public interest after rendering 22 years of service, with effect from 1/7/2015. The State Government with a view to weeding out the dead wood and in order to maintain a high standard of efficiency in the State services, constituted a Committee to consider the cases of the officers/ employees for premature retirement. The sanction to the aforesaid Committee was granted on 20/5/2015 by the State Government. The Committee held its meeting on 21/5/2015 in which the Committee in the backdrop of Article 226(2) of the Regulations considered the records of the employees as well as the records regarding involvement of government employees in corrupt services. In addition, the cases in which First Information Reports have been registered and investigation is either under way or has been completed were also placed before the Committee. The Committee thereafter again met on 25/5/2015 and Administrative Secretaries of concerned Departments were co-opted as members with regard to cases pertaining to the department.

(3.) The Committee decided the cases of each department separately. Inputs with regard to services particulars were obtained from the Administrative Department, as it was found by the Committee that in some cases, the details are incomplete. The Committee also observed that Annual Performance Reports (for short 'APRs') of the officers/employees are also required to be examined. The meeting of the Committee was adjourned to 11/6/2015 and on the said date, the Committee examined the available APRs which were incomplete. The Committee finally met on 26/6/2015 and considered the cases of officers/employees including that of the petitioner. The Secretary to the Government, Department of Rural Development and Panchayati Raj participated in the meeting as co-opted member. The Committee on consideration of the record of the petitioner concluded that the petitioner does not enjoy good reputation in public due to consistent conduct over a period of time and also found that petitioner by indulging in corrupt practices has amassed disproportionate assets to the tune of Rs.7,10,022.49. It was further found by the Committee that First Information Report namely FIR No.22/2007 under Sec. 5(1)(e) read with Sec. 5(2) of J&K Prevention of Corruption Act, Samvat 2006 at Police Station VOJ was registered against the petitioner, and the State Government by an order dtd. 24/1/2015 had accorded sanction for prosecution of the petitioner. The Committee also noticed that APRs of the petitioner for the period 2000-2001 to 2009-2010 are not available, whereas the APRs from 2010-11 to 2012-13 are incomplete. It was further found that APRs of the petitioner for the year 2013-14 and 2014-15 are not available. The Committee thereupon came to the conclusion that the petitioner has outlived his utility for the public and has bad reputation and has indulged in corrupt practices. Accordingly an order dtd. 30/6/2015 was passed by which the petitioner was compulsorily retired in public interest. In the aforesaid backdrop, the petitioner has approached this Court.