ORDER

1. Leave granted.

2. We have heard learned counsel for the parties.

3. This appeal is directed against the judgment and order of the Division Bench dated 28th February, 2011 passed by the High Court of Jammu and Kashmir at Jammu in L.P.A.(SW) No. 20 of 2008 whereby the Division Bench confirmed the judgment and order passed by the learned Single Judge dismissing the Writ Petition(S) No. 622 of 2005 by judgment and order dated 29th January, 2008, wherein the appellant had challenged the order passed by the respondent-State dated 26th April, 2005 prematurely retiring the appellant from service.

4. We may briefly notice the relevant facts leading to the filing of the writ petition in the High Court.

5. Upon being selectedby the Jammu and Kashmir Public Service Commission, the appellant was appointed as Soil Conservation Assistant in the Department of Agriculture Production in March, 1981. On 20th April, 1985 he was posted as Assistant Engineer in Rural Engineering Wing (hereinafter referred to as 'REW'), Ramban, District Doda, Jammu and Kashmir. He was promoted on the post of Assistant Executive Engineer in REW in September, 1988. While he was posted as such, three separate criminal cases were registered against him on the basis of (i) F.I.R. No. 49 of 1991, (ii) F.I.R. No. 63 of 1994 and (iii) F.I.R. No. 11 of 1995. It is not disputed before us that upon investigation in all the matters, the allegations made in all the three FIRs were found to be ‘Not Proved’. In F.I.R. No. 11 of 1995, there was, however, a recommendation to initiate departmental action against the appellant and some other officers. It is also not disputed before us, that no departmental action was ever taken against the appellant. Record also does not show that any departmental action was taken against him. After completion of the investigation in F.I.R. No. 11 of 1995, the appellant was, in fact, promoted to the post of Executive Engineer on 15.12.1996. In spite of having been promoted, the order of promotion was not given effect to. Therefore, the appellant challenged the action of the Deputy Commissioner, Udhampur who had refused to give effect to the order of promotion by filing a writ petition in the High Court. The writ petition was allowed and thereafter the appellant was permitted to join as Executive Engineer on 6th February, 2003. He worked as Executive Engineer at Jammu till 8th May, 2003. During this period, in the performance of his official duty, the appellant was required to recommend the sanctioning of technical approval to the construction works of various projects.

6. On 5th March, 2003, the Government of Jammu and Kashmir, General Administration Department by Government Order No. 306-GAD of 2003 dated 5th March, 2003 constituted a Committee to consider the cases of officers/officials for premature retirement in terms of Article 226(2) and 226(3) of the Jammu and Kashmir Civil Services Regulations, 1956. On 1st April, 2003, further directions were issued by the Government indicating the circumstances which would be relevant for making a recommendation for premature retirement of a public servant. On 9th May, 2003 the appellant was directed to be attached to the office of the Director, Rural Development, Jammu pending an enquiry into some allegations on the appellant. On 22nd July, 2003, an enquiry report was submitted into the suspected irregularities in the execution of “Rural Development Works” in the eleven Blocks of Jammu and Kashmir. Clause 1 of the terms of reference of the enquiry related to the execution of works during 2002-2003 particularly during the month of March, 2003. It was as under:-

“Whether any irregularity has been committed in any blocks of District Jammu in the execution of works during the year 2002-2003 particularly during the month of March, 2003 in the matter of observing the coral formalities viz. issuing of technical sanction, approval of estimates and allotment of works to mates, test checks etc.”

7. As notice