MOHINDER SINGH Vs. CHIEF JUSTICE

JUDGEMENT

(1.) PETITIONER , a Nazir in the court of 2nd Addl. Munsiff, Srinagar, was prematurely retired from service by order No: 1194 dated 25.3.1987 passed by the Lord Chief Justice in exercise of powers under Regulation 226(2) of Civil Service Regulations. He assails this order on the ground that it lacked in jurisdiction and did not even conform to the prescribed requirements of Regulation 226(2). According to him, he had completed only 19 years of service as against requisite 22 years and had attained 41 years at the time he was ordered to retire. He also alleges that the order was passed on malafide considerations and was a result of communal bias and conspiracy and in violation of his legal rights and procedural safeguards guaranteed under Articles 14 and 16 of the Constitution.

(2.) IN the counter filed by the Registrar of the High Court, it is pointed out that the petitioner was placed under suspension vide High Court Order No: 500 of 1986 dated 1.9.1986 for in discipline and insubordination towards his officers. The Vigilance Commissioner was directed to hold an inquiry into the matter who recommenced his premature retirement from service in the facts and circumstances of his case and he was accordingly ordered to retire, from service in the public interest and in the interest of administration and was allowed three months pay and allowances in lieu of three months notice by High Court Order No:1194 of 1987. It is denied that the impugned order was passed out of any communal bias or pursuant to any conspiracy.

(3.) PETITIONERS counsel, Mr. Farooqi, attacked the impugned order firstly on the ground that it could not have been passed by the Lord Chief Justice under article 226(2) CSR which empowered the Government alone to retire a Govt. servant prior to his superannuation on satisfying the condition laid down therein. He alternatively contended that even if it be assumed that he possessed the requisite power, still he had failed to satisfy conditions for its exercise. According to him, a Govt. servant could be prematurely retired only if he had completed 22 years of service and 44 years six monthly periods of qualifying service from the date of his confirmation in service and not his entry into service and viewed thus, he had not completed the requisite 44 six monthly periods of qualifying service.