STATE OF J&K Vs. PERVAIZ AHMD SHAH

JUDGEMENT

(1.) Impugned in this Letters Patent Appeal is the defensibility and legal pragnability of the judgment and order dated 07 th of September, 2017 of the learned Single Judge passed in SWP 1508/2015 by which order No. 906-GAD of 2015 dated 30-06-2015 to compulsorily retire the respondent in public interest with effect from the forenoon of 01.07.2015 has been quashed.

(2.) In adumbrating and analyzing the facts leading to the filing of the appeal it needs must be said that the learned writ Court has given a vivid account of the facts in the judgment assailed in the appeal. These are that the Government for providing clean and effective administration to the public, conducts periodic review of all its officers with the intention of appreciating and encouraging the honest and efficient Government servants and at the same time root out inefficient and corrupt officers/officials. While doing so, recourse to Regulation 226(2) and (3) of the Civil Service Regulations (CSR) is being taken and for the effective implementation of the said Regulation, a Committee of high level officers, under the Chairmanship of the Chief Secretary was constituted. The Committee, after deliberating and considering the cases of the officers/officials, in its meeting held on 26-06-2015 also considered the case of the petitioner, respondent herein and observed that apart from the fact that he does not enjoy good reputation in the public, he, in league with others, executed works on exorbitant rates, which as per the opinion of the engineering experts of the Vigilance Organization, caused a loss to the public exchequer to the tune of Rs. 42,33,143/- while executing works related to NITs. In this regard an F.I.R No. 21/2009, in Police Station, VOK u/s 5(1)(d) read with section 5(2) of J&K Prevention of Corruption Act, Samvat 2006 and section 468, 471, 120-B RPC, was registered, in which the Charge Sheet has been laid against the accused/petitioner before the competent Court of Law. During the investigation it was also found that the petitioner, respondent herein, had also a major role in manipulation of records showing 189 works in annexures B&C to the NIT No. 31, 32, 33 and 34 and thereby clearing way for allotment of works to the contractor on highly inflated rates. It was also found in the investigation that the petitioner - respondent herein had fraudulently drawn Rs. 18.69/- lacs against different water supply schemes in Sub Division, Pulwama, for which, another F.I.R No. 23/2010, in Police Station, VOK, was registered against the respondent. Besides the Committee considered the APRs of the petitioner but observed that the same are either not available or are incomplete. In the backdrop of aforementioned events, the Committee came to the conclusion that the respondent has indulged in corrupt practices and has misappropriated the Government money by resorting to the fraudulent means, and has thus, outlived his utility to serve in the Government. The Committee, therefore, recommended retirement of the respondent under Regulation 226(2) of the CSR, which was accepted by the competent authority, as a consequence of which, the order impugned came into being.

(3.) The respondent has contended in his pleadings that the order of compulsory retirement is a result of the non application of mind. It is submitted that the First Information Reports cannot form the sole basis and the bedrock of passing an order of pre-mature retirement. The APRs of the respondent have not been considered by the members of the Committee. He has not been assessed to be an inefficient or non- performing employee. Similarly, the genesis of the opinion about the integrity of the respondent is based on the fact that a First Information Reports have been lodged against him. It is further submitted that there is no material on record except for the registration of the First Information Reports even to, prima facie, indicate that the integrity of the respondent is doubtful.