Disciplinary control over a government servant generally ceases upon retirement; therefore, a major penalty such as removal from service cannot be imposed post-retirement as it requires a subsisting employer-employee relationship, and retrospective removal is an impermissible artificial device.

(RESERVED)

Hearing through video conferencing

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Declaring the impugned proceedings initiated against the Applicant vide Notice dated 13.02.2019 of Respondent No.2 pursuant to Articles of Charge bearing No. GAD(Ser)KAS/92/2017 dated 28.11.2018, as well as the impugned Notice bearing No. GAD(Ser) KAS/982/2017-1 dated 13.05.2020 purportedly a Show Cause Notice and its culmination viz. impugned Government Order No.734-JK(GAD) of 2020 dated 29.07.2020, imposing the Applicant post against retirement prohibitorily disproportionate major penalty of removal from service, void ab-initio and non-est in law, be issued in favour of the Applicant and against the Respondents.

b) Quashing Impugned proceedings Initiated against the Applicant vide Notice dated 13.02.2019 of Respondent No.2 pursuant to Articles of Charge bearing No. GAD(Ser)KAS/92/2017 dated 28.11.2018 and also Government Order No. 154-GAD of 2019 dated 31.01.2019 issued by respondent No. 1 whereby respondent No. 2 was appointed as Inquiry Officer under Rule 33(4) of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956 as well as the impugned Notice bearing No.GAD(Ser) KAS/982/2017-1 dated 13.05.2020 purportedly a Show Cause Notice and its culmination viz. Impugned Government Order No.734-JK(GAD) of 2020 dated 29.07.2020, be also issued in favour of the Applicant and against the Respondents;

c) Directing the Respondents in particular Respondent No.1 to treat the impugned proceedings initiated against the Applicant vide Notice dated 13.02.2019 of Respondent No.2 pursuant to Articles of Charge bearing No. GAD(Ser) KAS/92/2017 dated 28.11.2018 and also Government Order No. 154-GAD of 2019 dated 31.01.2019 issued by respondent No. 1 whereby respondent No. 2 was appointed as Inquiry Officer under Rule 33(4) of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956 as well as the impugned Notice bearing No.GAD(Ser) KAS/982/2017-1 dated 13.05.2020 purportedly a Show Cause Notice and its culmination viz. impugned Government Order No.734-JK(GAD) of 2020 dated 29.07.2020, non-est in law, be also issued in favour of the Applicant and against the Respondents;

d) Directing the Respondents in particular Respondent No.1 to desist, refrain and forbear from giving effect and/or carrying into execution the impugned Government Order No.734-JK(GAD) of 2020 dated 29.07.2020, in any manner prejudicial to the constitutionally guaranteed service rights and interests of the Applicant including post retiral benefits, be also issued in favour of the Applicant and against the Respondents;

e) Directing the Respondents in particular Respondent No.1 admit forthwith the Applicant to all the service rights and interests including post retiral benefits accrued due in law to the Applicant as if the impugned Government Order No.734-JK(GAD) of 2020 dated 29.07.2020, had not come into being at all, be also issued in favour of the Applicant and against the Respondents;

f) Any other order or direction which this Hon’ble Tribunal in the facts and circumstances of the case deems just and proper be also issued in favour of the Applicant and against the Respondents;”

2. The applicant, while serving as Commissioner/Secretary to the Government, was placed under suspension in September 2018. An FIR was also registered again