BHUMESH SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) In this writ petition preferred under Article 226 of the Constitution of India read with Section 103 of the Jammu and Kashmir State Constitution, the petitioner inter alia has assailed the validity of the order dated 30.06.2015, 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 compulsory retired the petitioner in public interest. The petitioner also seeks a direction to the respondents to permit the petitioner to continue in service and to accord him all consequential benefits. In order to appreciate the grievance of the petitioner, few facts need mention, which are stated infra.

(2.) The petitioner was appointed in the office of the Transport Commissioner, J &K, Srinagar vide order dated 10.07.1991. The petitioner thereafter was transferred and was posted as Motor Vehicles Inspector against an available vacancy vide order dated 04.12.1994. The petitioner thereafter vide order dated 31.01.2001 was transferred as Incharge Assistant Regional Transport Officer (ARTO) Udhampur/Doda in his own pay and grade. The petitioner in addition was asked to perform the routine work of the Chief Inspector, Board of Inspections, Jammu. The State Government vide order dated 26.07.2002 sanctioned release of grade of pay scale of Assistant Regional Transport Officer in favour of the petitioner.

(3.) On 16.12.2005, FIR No. 20/2005 was registered by the Vigilance Organization, Jammu against the petitioner under Section 5(1)(c), read with Section 5(2) of the J &K Prevention of Corruption Act. Thereupon, the petitioner filed writ petition, namely, OWP No. 177/2006 and sought transfer of the case from Vigilance Organization to Central Bureau of Investigation. The Central Bureau of Investigation conducted the investigation and submitted its final report. The Special Judge Anticorruption, Jammu accepted the closure report vide order dated 22.03.2007. Thereafter, the case of the petitioner was considered by the selection committee for induction into Kashmir Administrative Service under the provisions of Jammu and Kashmir Administrative Service Rules, 1979 by the Committee, headed by the Chief Secretary of the State. After obtaining clearance from the Vigilance Department on 28.06.2009, the petitioner was inducted into Kashmir Administrative Service vide order dated 12.04.2010. Thereafter, the petitioner was transferred vide order dated 25.08.2011 as Deputy Director, Employment and Counselling Centre, Poonch.