BASUDEV SINGH Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) Petitioner in this writ petition seeks quashing of Government Order No.889-GAD of 2015 dated 30.06.2015 with a direction to the respondents to re-instate the petitioner to his original post of Helper (Meter Reader).

(2.) Briefly stated, the facts giving rise to the filing of this writ petition are that the petitioner was initially appointed as a daily wager in the year 1986 and his services were regularized in the year 1994 and since then is working as helper (meter reader) in the Power Development Department. It is submitted that one Chet Ram son of Mohar Singh resident of Kashmiri Colony, Bari Brahmana, Jammu out of malice had filed a false complaint before the Vigilance Organization, Jammu alleging that the petitioner had refused to supply him the electric bill and demanded Rs.2000/- for supplying the said bill. FIR No.13/2013 came to be registered on 08.08.2013 under the Prevention of Corruption Act at Vigilance Organization, Jammu and the sleuth of the Vigilance Organization laid a trap and the petitioner was arrested. Consequent upon his arrest, the petitioner was placed under suspension vide order dated 13.08.2013. It is stated that the respondent instead of considering his case for reinstatement have issued order of petitioner's compulsory retirement.

(3.) The respondents have not filed any reply. However, learned counsel appearing for the respondents justifies the order impugned whereby petitioner was retired prematurely. Learned counsel submits that based on a specific complaint, a trap was laid and the petitioner was found demanding and accepting a bride of Rs.2,000/- from one Chet Ram in lieu of settling his electricity bill. Accordingly, FIR 13/2013 was registered by the Vigilance Organization. He further submits that the Committee constituted to consider the cases of government servants for retirement under Article 226(2) of the J & K CSRs came to the conclusion that since the official is generally known to have bad reputation and was caught red handed while demanding and accepting the bribe, therefore, his further retention in service was not in public interest. The Committee, thus, recommended his premature retirement from service.