CHAMEL SINGH Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Petitioner in this writ petition seeks quashing of Government Order No.1269-GAD of 2016 dated 21.11.2016 with a direction to the respondents to allow him in the service till he attains the age of superannuation along with consequential benefits.

(2.) Briefly stated, the facts giving rise to the filing of this writ petition are that consequent upon his appointment as Chowkidar in the year 1984, the petitioner joined his services in the CAPD department of the State. The petitioner was promoted as Junior Assistant in the grade of Rs.745-1025 in the year 1989 and was upgraded in the pay scale of Rs.800-1500 in the year 1990. Vide SRO 18 dated 19.01.1998 the pay of the petitioner was revised in the pay scale of Rs.3050-4590. Consequent upon registration of FIR No.75/1999 under Section 5/2 PC Act read with Section 409 RPC by the Vigilance Organization, Jammu, the petitioner was placed under suspension vide order No.294-CAPD of 2004 dated 23.08.2004. Investigation of the FIR ultimately culminated into presentation of challan before the Court. While the challan was sub-judice, vide order No.36-CAPD of 2007 dated 23.02007 the petitioner was reinstated in service but the intervening period remained unsettled. Petitioner submits that after full-fledged trial, he was acquitted of the charges framed against him vide judgment dated 10.02014. Since the petitioner was not getting full salary, he filed SWP No.796/2014 seeking direction to the respondents to pay back the amount which had been illegally recovered from his salary and not to effect any further recovery from the petitioner regarding pilferage of Sar-Bagga store. This Court vide interim order dated 26.08.2014 directed that recovery from the petitioner shall not be effected and the respondents were further directed to consider release of service benefits in favour of the petitioner.

(3.) It appears that on some general complaint with respect to misappropriation of food-grains in District Udhampur, FIR No.22/2009 also came to be registered at Police Station Crime Branch, Jammu under Section 409, 420, 467, 468, 471 & 120-B RPC read with Section 5/2 P.C Act, Svt. 2006. After investigation, the challan was presented in the Court of Additional Sessions Judge, Udhampur against the petitioner along with six others. The trial Court framed the charges against which a Criminal revision No.40/2016 has been preferred and is stated to be pending in this Court. It is submitted that in the month of May, 2016 the petitioner proceeded on three days' casual leave with the permission of Assistant Director, CAPD, Reasi. On 12.05.2016, the petitioner requested for extension of leave till he recovers from illness. The Assistant Director, CAPD, Reasi requested respondent No.3 for providing suitable incumbent for Arnas/Dharmari as the Incharge TSO, Mahore was not in a position to attend the duty at two stations. On receipt of said communication of the Assistant Director, CAPD, respondent No.3 placed the petitioner under suspension vide Order No.191- CDAPDJ of 2016 dated 15.07.2016 treating the petitioner as unauthorized absent from duties. Feeling aggrieved, the petitioner approached this Court by filing SWP No.2177/2016. This Court vide interim order dated 06.10.2016 directed the Director, CAPD to reconsider the matter. In the meantime, Government Order No.1269-GAD of 2016 dated 21.11.2016 came to be issued by respondent No.1 whereby the petitioner was retired prematurely from service. According to the petitioner, on the basis of aforesaid FIRs and for extraneous considerations, the petitioner, having attained 51 years of age only was directed to retire prematurely; w.e.f., 22.11.2016 vide order impugned in this petition