ABDUL RASHID BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) The entire gamut of the controversy raised here in this petition revolves round the plea whether the Government order bearing No. 865-GAD of 2015 dated 30th of June, 2015, 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 Abdul Rashid Bhat, KAS, Joint Registrar, INDUSCO Handicraft Department, to the effect that he having already attained 48 years of age, shall retire from service w. e. f. the forenoon of the 1st day of July, 2015, 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 Joint Registrar, INDUSCO, Handicraft Department. 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 Assistant Development Commissioner, Kupwara, a false and frivolous case came to be registered against him bearing FIR No. 24/2010 dated 17th of June, 2010, by the Vigilance Organization, Kashmir. The investigation of the case was set into motion and, accordingly, a charge sheet was filed against the petitioner in the Court of Special Judge Anti Corruption, Srinagar, which is pending in the said Court. Consequent to the registration of the said case against the petitioner, he was suspended from service vide Government order bearing No. 176 of 2010 dated 18th of June, 2010. Subsequently, the petitioner was reinstated into service vide Government order bearing No. 235- RD of 2011 dated 27th of October, 2011 and was attached in the Office of the Director, Rural Development, Kashmir, till July, 201 Thereafter, the petitioner was transferred and posted as Joint Registrar, INDUSCOS, Handicrafts, vide Government order bearing No. 872-GAD of 2012 dated 13th of August, 201 During this period, the Respondent Department, instead of nailing down the need to bring the investigation of the aforesaid case (i. e. the FIR No. 24/2010, Police Station VOK) registered against the petitioner 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 has to perform a multitude of tasks in order to implement various welfare measures of public interest, and the paramount aim is of providing clean and effective administration to the people of the State. In order to make the administration effective, a periodic review of all the Officers is taken up by the Government, the aim and object being to encourage honest and efficient Government servants and, simultaneously, to weed out the inefficient and corrupt Officers from the services in the public interest. Whileas, various incentives and awards are given to the honest and efficient Officers/Officials, recourse is taken to the provisions of Article 226 (2) and (3) of the Jammu and Kashmir Civil Services Regulations, 1956, for the removal of such Government officials from the State services, who have become deadwood on account of their indulging in inefficient and corrupt practices. The order of compulsory retirement passed in the case of the petitioner is based on the object of weeding out the deadwood from the State services. Article 226 (2) of the Jammu and Kashmir Civil Services Regulations is designed to infuse the administration with initiative for better administration and for augmenting the general efficiency so as to meet the expanding horizons and cater to the new challenges faced by the State to provide sensitivity, probity, non-irritative public relation and enthusiastic creativity, which can be achieved by eliminating the deadwood. In order to consider the case of the petitioner for compulsory retirement, under and in terms of the Government order bearing No. 17-GAD (Vig. ) 2015 dated 20th of May, 2015, sanction was accorded to the constitution of a Committee to consider the cases of the Officers/ officials for compulsory retirement. The record regarding the involvement of the petitioner in corrupt practices was placed before the Committee. The cases, in which FIRs have been lodged and are under probe, were placed before the Committee, including the case of the petitioner bearing FIR No. 24/2010 registered by the Vigilance Organization, Kashmir. The Committee, on consideration of the available records, observed that the petitioner does not enjoy good reputation in the public due to his inconsistent conduct over a period of time and that the 'Annual Performance Reports' (APRs)were either not available or incomplete. The Committee also observed that a trap was laid against the petitioner, the then Project Officer, Wage and Employment (ACD), Kupwara. The petitioner was found demanding and accepting a bribe of Rs. 10,000/- from the complainant, namely, Mr Ghulam Rasool Shah, for preparing a letter for the revalidation of funds in favour of the complainant for having executed electrification work at CIC, Kupwara. Accordingly, it has been stated, that FIR bearing No. 24/2010 was registered in Police Station, VOK, for the commission of offences punishable under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 read with Sections 161 and 120-B RPC. The petitioner was caught red handed in the trap proceedings and the tainted money was recovered from him. The investigation of the case was concluded as proved and, the competent Authority, after considering the available records and applying its mind to the facts and circumstances of the case, accorded sanction for prosecution of the petitioner vide Government order bearing No. 36-GAD (Vig. ) of 2011 dated 24th of June, 2011. 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 Respondent-State 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.