The main legal point established in the judgment is the requirement to consider the entire service record, including Annual Performance Reports, before recommending premature retirement. The judgment also emphasizes the inconsistency of retiring an individual based solely on unproven criminal cases.

1. Vide Government order impugned bearing No.906-GAD of 2015 dated 30.06.2015, in exercise of powers conferred by Regulation 226(2) of the Jammu and Kashmir Civil Service Regulations (hereinafter referred to as CSR), petitioner has been retired from service with effect from forenoon of 01.07.2015. The order impugned reads as under:

Government of Jammu and Kashmir

General Administration Department

Civil Secretariat, Jammu/Srinagar

Government Order No.906-GAD of 2015

Dated : 30-06-2015

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

Now, therefore, in exercise of the powers conferred by Article 226(2) of the Jammu and Kashmir Civil Services Regulations, the Government hereby gives notice to Shri Parvez Ahmad Shah, Junior Engineer, PHE Division, Bandipora, that he having already rendered 22 years of service, shall retire from service w.e.f forenoon of 01/07//2015.

He is allowed three months of pay and allowances in lieu of three months notice.

By order of the Government of Jammu and Kashmir.

Sd/-

Commissioner/Secretary to the Government

2. Aggrieved thereof, instant petition has been filed wherein it is alleged that the petitioner was initially appointed as Sectional Officer vide Government order No.DC/PD/166 of 1984 dated 19.10.1984. For a long period of 31 years, he has served in various capacities and on the date impugned order was issued, he was working as Junior Engineer. It is also pleaded that he has all along served with utmost dedication, honesty and sincerity. He has been awarded certificate of merit on republic day 2013 as well as on the republic date, 2014 by District Development Commissioner, Bandipora and has been given a consolation prize on republic day 2015. In addition thereto, in the Annual Confidential Reports his performance has been appreciated and classified as “excellent” with the following break-up:

APRs for the Year	Rating
2009-2010	Excellent/good
2010-2011	Excellent/good
2011-2012	Excellent
2012-2013	Excellent
2013-2014	Excellent
2014-2015	Excellent/good

3. Petitioner has been given first and second grade promotion (in-situ) and then third grade promotion vide Chief Engineer PHE’s order No.51-PHE/Estt of 2014 dated 28.06.2014 but vide Government order dated 30.06.2015 impugned he has been given notice for compulsory retirement. The grounds projected for quashing the impugned order, precisely, as projected are:

(I) Impugned order is without any basis, therefore, is arbitrary and based on mala fides;

(II) Regulation 226(2) of the CSR has been observed in breach because service record of the petitioner has not been considered which was imperative;

(III) The tune and tenor of the impugned order is colourable. To fathom out true purport and colour of the impugned order, the veil has to be lifted;

(IV) Registration of two criminal cases against the petitioner, until same end in conviction, could be made base for premature retirement.

4. The reply filed by respondent No.1 reveal that the government for providing clean and effective administration to the public is bound to have periodic review of all its officers with the object of encouraging honest and efficient government servants and simultaneously weed out inefficient and corrupt officers/officials in the public interest, therefore, recourse to Regulation 226(2) and (3) of CSR is a step in right direction. It is further pleaded that for effective implementation of Regulation 226(2) of CSR, vide Government order No.17-GAD (Vig) 2015 dated 20.05.2015, Committee of following officers was constituted;

1.	Chief Secretary	Chairman,
2.	Principal Secretary to the Chief Minister	Member
3.	Principal Secretary to the Government Home Department	Member
4.	Commissioner/Secretary to the Government General Administration Department	Member-Secretary
5.	Secretary to t