JUDGMENT :

Ali Mohammad Magrey, J.

This Letters Patent Appeal by the State of J&K (Now Union Territory) has been filed against the judgment and order dated 23.03.2018 passed by a learned Single Judge of this Court whereby the respondent’s writ petition, SWP no.1453/2015, challenging his compulsory retirement order from Government service, issued by the appellants, has been allowed quashing the order impugned therein with direction to the appellants to reinstate the respondent-writ petitioner and grant him all consequential benefits within the period specified therein.

2. We heard learned counsel for the parties and considered the matter.

3. The respondent (writ petitioner) was initially appointed as Range Officer Grade-I on ad hoc basis vide Government order no.303-FST of 1995 dated 12.10.1995. Later, he was substantively appointed on the post vide Government order no.227-FST dated 24.05.2004 and was continued at North Jehlum Range, Baramulla. Thereafter, vide Forest Order no.236 of 2004 dated 19.07.2004, he was transferred and posted at Forest Range, Rajwar, Handwara. From there he was transferred and posted at Rafiabad Range, Watergam of Langate Forest Division. While being posted there, he was deputed for undergoing training at State Forest Service College, Bunihat, Assam. After return from the training course, he was posted at Magam Range, Forest Division, Langate. Thereafter, he was transferred and placed at the disposal of Managing Director, J&K State Forest Corporation for his posting against the post of Divisional Manager/equivalent.

4. It appears that, meanwhile, on 17.07.2007, an FIR, bearing no.42 of 2007 under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 2006 read with Sections 467, 471 and 120(B) RPC was registered at Police Station Vigilance Organization, Kashmir (VOK). A questionnaire was served on the respondent, stating that during the investigation of the said case certain allegations mentioned therein had been prima facie established against him. It was, inter alia, alleged that while the respondent was posted as Range Officer, Forest Range Rajwar, Handwara, from 08/2004 to 12/2004, he had hatched a criminal conspiracy with one Mushtaq Ahmad Sofi, attorney holder of a private timber sale depot / joinery mill, namely, M/s 03-Star Enterprises, situated at Kachwari, Handwara; its Manager, Ghulam Hassan Bhat; Gh. Mohi-ud-Din Bhat, (Forester), the then B.O., Town Handwara, and others, as a result of which the respondent in connivance with others had manipulated the stock registers (Form 12 Register and Form 18-19 Register) pertaining to the stocks of M/s 03-Star Enterprises by way of changing the actual stock registers, being maintained at the said joinery mill / timber sale depot. The respondent was alleged to have thereby accommodated the detailed illicit timber in the records of the joinery mill / depot by inflating stock entries. The respondent was informed that by adopting corrupt practices he as a public servant had abused his official position in order to confer illegal advantage / benefit on the proprietor / attorney holder of the mill depot and others. The respondent was asked to submit his explanation in respect of the allegations mentioned in the said questionnaire. He is stated to have replied the questionnaire.

5. Thereafter, the Government issued order no.22-GAD(Vig) of 2014 dated 08.08.2014 according sanction to the prosecution of the petitioner and another person, viz the then B.O. of Town Handwara for commission of the offences under Sections 5(1)(d), 5(2) of J&K PC Act read with Sections 467, 471, 201, 120 B RPC and Section 6(e) of J&K Forest Act, 1987 in case FIR No.42/2007 of P/S VOK. The respondent challenged the aforesaid sanction order dated 08.08.2014 through OWP no.1403/2014 and the Court by order dated 01.09.2014 ordered that if challan with respect to the said FIR was filed before the competent court of jurisdiction, the proceedings shall remain under eclipse till next