IMPORTANT POINTS
Mere summary disposal of a Special Leave Petition does not conclude the issue on merits.
A decision based on wrong premise cannot be sustained.

JUDGMENT

Uday Umesh Lalit, J.

1. Leave granted.

2. These appeals arise out of three separate judgments passed by the High Court of Jammu Kashmir at Jammu on 11.12.2017 in LPASW No.182 of 2017, LPASW No. 159 of 2017 and LPASW No.180 of 2017.

3. The appeal arising out of decision in LPASW No. 182 of 2017 is taken as the lead matter and the facts leading to said appeal are mentioned in detail.

4. The Respondent was appointed as Junior Engineer, Power Development Department, Jammu and Kashmir in the year 1985 and with the passage of time stood promoted as Assistant Executive Engineer. FIR No. 30 of 2006 -VOJ (Vigilance Organisation, Jammu) was registered against the Respondent at Police Station Vigilance Organisation, Jammu in respect of offences punishable under Section 5(1)(d) read with Section 5(2) of Jammu and Kashmir Prevention of Corruption Act, 2006 and under Section 120-B of the Ranbir Penal Code. In due course of time, sanction for prosecution was granted by the competent authority after having found substance in the allegations. The prosecution in respect of said offence is still pending.

5. On 20.5.2015 a Committee comprising of Chief Secretary – Government of J&K, Principal Secretary to the Chief Minister, Principal Secretary to the Government – Home Department, Commissioner/Secretary to the Government – General Administration Department and Secretary to the Government – Department of Law Justice & Parliamentary Affairs was constituted under the orders issued by the Commissioner/Secretary to Government, General Administration Department, Government of Jammu and Kashmir. In terms of Article 226(2) and 226(3) of Jammu and Kashmir Civil Services Regulations (for short ‘the Regulations’) cases of officials for premature retirement were placed before the Committee. The Committee held meetings on 21.5.2015, 11.6.2015 and 26.6.2015 and considered cases of officers/officials including the respondent. Insofar as the case of the respondent was concerned, the Report of the Committee stated as under:-

“The accused officer by abusing his official position made payments against unexecuted works resulting in huge loss to the State exchequer. The accused officer in league with JE, recorded fraudulent measurements and prepared exorbitant bills for drawal, thereby, misusing his official position. Accordingly, FIR No.30/2006-VOJ, was registered by the Vigilance Organisation. The investigation of the case was concluded as proved. The Competent Authority has also accorded sanction vide Govt. Order No.34-GAD (Vig) of 2012 dated 20.09.2012. Further, the case already stands challaned in the court of law. It was reported by the Department that the Annual Confidential Reports (ACRs) of the officer are not available.

The Committee took note of the fact that the officer while holding a post in Power Development Department, indulged in corrupt practices and caused loss to the State exchequer by fraudulent means, thereby, substantiating the fact that he has outlived his utility to the public.

Since, the officer is generally known to have bad reputation and embezzled Government money by misusing and abusing his official position, and under a conspired plan, dishonestly prepared fraudulent bills on the basis of false/excessive measurements thus caused loss to the State exchequer, therefore, it is recommended that Mr. Fareed Ahmad Tak be retired from the Government Service in the public interest, under Article 226(2) of J&K CSRs. It is further recommended that Mr. Fareed Ahmad Tak be given three months pay and allowances in advance, as admissible, in lieu of the notice.”

6. On 30.6.2015 in exercise of power conferred under aforesaid Article 226(2), an order was passed compulsorily retiring the Respondent from service. The text of the order was as under:-

“Whereas the Government is of opinion that it is in the public interest to do so.

Now, therefore, in exercise of the powers conferred by Article 226(2) of the Jammu and Kashmir Civil Service Regulations,