RAJINDER KUMAR Vs. STATE OF J&K & ORS

JUDGEMENT

(1.) In this petition, the petitioner implores for the grant of the following reliefs in his favour:

(2.) The facts under the shade and cover of which the petitioner has craved the indulgence of this Court in granting him the reliefs aforesaid are that the State Government in an attempt to weed out the dead wood and in order to maintain a high standard of efficiency in the State services, constituted a Committee to consider the cases of the officers/employees for premature retirement. The sanction to the constitution of the aforesaid Committee was accorded on 20.05.2015 by the State Government, to consider the cases of officers/ officials for premature retirement. Document evidencing the fact in the form Government order 20.05.2015 is placed on record as Annexure-R. The Committee comprising of Senior Officers of the State Government chaired by the Chief Secretary includes Principal Secretary to the Hon'ble Chief Minister, Principal Secretary to the Government Home Department, Secretary to Government, General Administration and Secretary to the Government, Department of Law, Justice and Parliamentary Affairs as its members. Perusal of the Government Order would indicate that the Chairman of the Committee was authorized to coopt a member for assisting the Committee in any particular meeting. Inspector General of Police Vigilance Organization was co-opted as a member by the Committee.

(3.) The petitioner has contended in his pleadings that the order of compulsory retirement is a result of non-application of mind. While inviting attention of this Court to the APRs of the year 2009-10, 2010-11 and 2011-12, it is submitted that the service record of the petitioner is excellent. It is further submitted that a First Information Report was lodged against the petitioner namely FIR No.2/2012 in which the charge sheet has been filed against him and the Tehsildar for the commission of offences punishable under Section 5(2) of the J and K Prevention of Corruption Act Samvat, 2006 read with Sections 420, 465, 467, 468, 471, 201, 120-B RPC before the Court of the Learned Special Judge Anti Corruption, Jammu in which the trial is at an advanced stage and the decision to compulsorily retire the respondent in public interest has been taken merely on the basis of the First Information Reports lodged against the respondent.