LAWS(J&K)-2018-3-40

MOHAMMAD MAQBOOL BHAT Vs. STATE OF JK

Decided On March 20, 2018
MOHAMMAD MAQBOOL BHAT Appellant
V/S
State Of Jk Respondents

JUDGEMENT

(1.) The entire gamut of the controversy raised here in this petition revolves round the plea whether the Government order bearing No. 187-GAD of 2012 dated 13th of February, 2012, issued by the Government of Jammu and Kashmir, in exercise of powers conferred by Article 226(2) of the Jammu and Kashmir Civil Services Regulations, whereby notice was given to the petitioner, namely, Shri Mohammad Maqbool Bhat I/C AEE, Pahalgam Development Authority, Pahalgam, to the effect that he having already rendered 22 years of service, shall retire from service w.e.f. the forenoon of the 13th day of February, 2012, can withstand the test of judicial scrutiny.

(2.) The pith and core of the petition of the petitioner is that during the entire tenure of his service, he worked with great deal of honesty and dedication at different places of posting and, at the relevant point of time, i.e. the day when the order aforesaid was issued, he was holding the post of I/C AEE, Pahalgam Development Authority, Pahalgam. His past service carrier is unblemished and, all along, he has been given various promotions on the basis of his suitability, merit and excellent service record. During the posting of the petitioner as Incharge Assistant Executive Engineer (Manager) Jammu & Kashmir Projects Construction Corporation, Unit 12, Pulwama, the petitioner, was arrested by the Vigilance Organization, Kashmir, on 26th of March, 2007 in case bearing FIR No. 17/2007 registered in Police Station, VOK, on the ground that he had demanded Rs. 2,000/- from one Mohammad Khanday S/o Abdul Razak Khanday R/o Keller. Thereafter, the petitioner was released on bail in pursuance of the orders of the Court of learned Special Judge, Anti Corruption, Srinagar. However, the petitioner was placed under suspension in terms of Government order bearing No. 142-PW(R&B) of 2007 dated 9th of April, 2007 w.e.f. the 26th day of March, 2007, i.e. the date when he was arrested by the Vigilance Organization, Kashmir. Subsequently, by Government order bearing No. 364- PW(R&B) of 2007 dated 22nd of October, 2007, sanction was accorded to the reinstatement of the petitioner and he was posted as Technical Officer to Executive Engineer, R&B, Sub Division Vailoo against an available vacancy, till the outcome of the vigilance case. Then again, in terms of Government order bearing No. 158-PW(R&B) of 2009 dated 2nd of September, 2009, the petitioner was transferred and posted as Assistant Executive Engineer, Pahalgam Development Authority, Pahalgam. Thereafter, notwithstanding the pendency of the aforesaid case, the respondents, instead of taking the same to the logical conclusion, issued the order impugned in the writ petition, whereby the retirement of the petitioner was ordered under Article 226(2) of the Jammu and Kashmir Civil Services Regulations.

(3.) The Respondents have resisted and controverted the petition of the petitioner, on the grounds, inter alia, that the Government is duty bound to provide a clean and effective administration to the people of the State and, therefore, it is imperative to encourage honest and efficient government servants and deal with inefficient and corrupt Officers in accordance with the law/ rules of the State. Whileas, Gold Medals, Citations and Awards are given to efficient and honest Government servants like Chief Minister's Medal for honesty, integrity and meritorious public service, Chief Minister's Vigilance Gold Medal and State awards, recourse is taken to various provisions of the law and the rules like Article 226(2) & 226(3) of the J&K Civil Services Regulations and Section 126(2) (C) of the State Constitution for removing such Government servants from the State service who have become deadwood and who indulge in corrupt practices and activities prejudicial to the security and interest of the State. It has been stated that the corrupt officials are also dealt with in accordance with the provisions of the Prevention of Corruption Act , and even departmental action is taken in terms of the rules, so that faith of the public in the Government is restored. The Government also ensures that services are provided to the public in a hassle free and time bound manner for which the J&K Public Services Guarantee Act has been passed and is under implementation in the State. The Jammu & Kashmir Right to Information Act is also under implementation, under which a common man can access the information as it relates to the working of the Departments. In this scenario, as stated, it has become imperative to take action against such Government servants, who indulge in corruption and create impediments in the delivery of services to the general public to check the menace of corruption. In order to remove deadwood from the Government machinery, a Committee was set up vide Government order bearing No. 32-GAD(Vig) of 2011 dated 16th of May, 2011, comprising of senior Officers headed by the Chief Secretary to scrutinize the record/ activities of such officers/ officials and recommend premature retirement in terms of Articles 226(2) and 226(3) of the J&K Civil Services Regulations, 1956, in case of the officials who should be removed from service/ prematurely. The Committee, on consideration of the available records, observed that, based on a specific complaint, a trap was laid against the petitioner, at a time when he was posted as Manager (AEE), JKPCC, Unit II, Pulwama. He was found demanding and accepting a bribe of Rs. 2,000/- for releasing an outstanding payment of one Mohammad Ramzan Khandey, who had constructed a school building at Drubgam, Pulwama. The Committee also observed that the 'Annual Confidential Reports' (ACRs) of the petitioner were not available in the Department and their non-availability has been duly certified by the Administrative Department. The Committee also took note of the fact that the petitioner, while holding a post of great public importance, was caught red handed, demanding and accepting bribe for the release of payments for the execution of public works, thereby substantiating the fact that he has outlived his utility to the public. The Committee, therefore, recommended for the compulsory retirement of the petitioner in public interest under Article 226 (2) of the Jammu and Kashmir Civil Services Regulations. The recommendations so made were accepted by the Competent Authority, as a consequence of which, the impugned order was issued. It has been, accordingly, pleaded by the respondents that the impugned order is a legal one. It is in accordance with law. The writ petition, as such, is legally misconceived, untenable, without any merit, and, in sequel thereto, merits dismissal.