Compulsory retirement invalid without cogent material from service record proving doubtful integrity; mere FIR involvement despite acquittals and clean APRs cannot justify order, which must consider entire record and not be punitive.

ORDER 

Per:- Sanjeev Gupta, Judicial Member

The applicant is aggrieved of Government Order No. 1265-GAD of 2016 dated 21.11.2016, (hereinafter called impugned order) whereby he was compulsorily retired from Government service w.e.f. 22.11.2016 in exercise of powers under Article 226 (2) of the J&K Civil Service Regulations. The foundation for the impugned order was that two separate criminal cases viz; FIR No. 02 of 2012 and FIR No. 15 of 2014 registered in Crime Branch and in Vigilance Organization, Jammu respectively, for commission of offences punishable under J&K Prevention of Corruption Act, 2006 read with some other offences under Ranbir Penal Code; against the applicant in which Government sanction was accorded for his prosecution. Besides, the involvement of the applicant was also found for issuance of fake PRC certificate during his posting as Tehsildar, Kalakote and warning was issued to the applicant on 06.10.2016 by the Revenue Department.

2. Briefly stated, as per, facts of the case, the applicant came to be appointed as Naib Tehsildar in the year 2000 and served at two different places at Jammu. He was promoted in the year 2007 and was posted as Incharge Tehsildar, Kalakote. Consequent upon departmental inquiry held against the applicant in respect of issuance of two domicile certificates, the matter was referred to the Vigilance Organization for detailed inquiry which recommended cancellation of PRC certificate issued by the applicant and also initiation of departmental action against him and some other officials. However, after a departmental inquiry by Additional District Development Commissioner, Rajouri, the Competent Authority accepted the recommendation of the Inquiry Officer and the applicant was exonerated from the charges levelled against him vide Government Order dated 06.10.2016, copy whereof is attached as Annexure A.

3. It is averred that trial in the case FIR No. 02 of 2012 for offences under Section 5(2) of J&K Prevention of Corruption Act 2006 read with section 420, 465, 467, 471, 201 and 120-B RPC is at the final stage, whereas FIR No. 15 of 2014 was challenged before the Hon’ble High Court in a petition u/s 561- Cr.P.C No. 591 of 2016. The applicant has also been wrongly and falsely implicated in yet another FIR No. 45 of 2016 dated 19.05.2016 registered by Crime Branch, Jammu for offences punishable under section 420, 465, 467, 468, 471 and 120-B RPC in which challan has not been presented. It is further averred that the applicant was placed under suspension on 08.04.2015 and on 12.05.2016, he was reinstated on the recommendation of the Review Committee, by the Financial Commissioner (Revenue). It is also the case of the applicant that he has earned ‘Excellent’ and ‘Very Good’ APRs throughout his service career despite the registration of FIRs against him and in the absence of material supporting the ground of applicant’s compulsory retirement, passing of impugned order is an illegal and colourable exercise of powers by the Respondent No. 1. The Annual Appraisal Reports (APRs) of the applicant for the year 2008 to 2015, have been shown to be recorded as ‘Excellent’ and ‘Very Good’ with his integrity beyond doubt.

4. The applicant has challenged the order of his compulsory retirement by filing SWP No. 2612 of 2016 before the Hon’ble High Court seeking the following reliefs:-

“(a) An appropriate writ, order dire