SMT. SANTOSH, AGE 60 YEARS W/O LATE SAIN DASS R/O 287, SECTOR Vs. THE STATE OF JAMMU & KASHMIR, THROUGH CHIEF SECRETARY, GOVERNMENT OF JAMMU & KASHMIR, CIVIL SECTT., JAMMU

JUDGEMENT

(1.) This writ petition is filed by the writ petitioner (Additional District and Sessions Judge), who was dismissed with retrospective effect by order dated 12.10.2010 i.e. from 31.12.2003. The said order is challenged by contending as follows:-

(2.) The said order was challenged by the writ petitioner (since dead) contending that after the date of superannuation of the writ petitioner, there is no jurisdiction to proceed with the departmental proceedings unless the writ petitioner was retained in service for the purposes of completing disciplinary proceedings. Secondly passing a dismissal order with retrospective effect is unknown to service law. During pendency of the writ petition, the writ petitioner passed away on 31.03.2013 and his wife and daughter came on record as legal representatives to prosecute the case by stating that in case dismissal order is set aside, they will be in a position to get retrial benefits, arrears of pension from 01.01.2004 to 31.3.2013 and family pension from 01.04.2013.

(3.) Mr. K.K. Pangotra, learned counsel for the writ petitioner submitted that even though serious allegations were made against the deceased writ petitioner in his official discharge of duties, no motive or allegation of corruption are made. Hence a lenient view may be taken at least in respect of the punishment as the writ petitioner had served for more than 30 years. The legal heirs of the writ petitioner who are the widow as well as daughter also filed affidavits stating that the deceased writ petitioner reached the age of superannuation (58 years) on 31.12.2003 and the punishment may be modified as compulsory retirement from the said date so that the legal heirs will be in a position to get the retrial benefits, arrears of pension and family pension.