Compulsory retirement requires objective material from service record; vague unverified allegations insufficient to justify in public interest.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.2161/2010 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5347/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

I. Issue a WRIT OF CERTIORARI quashing Government Order No 1260-GAD of 2004 dated 20.09.2004 by virtue of which the writ petitioner was ordered to be retired compulsorily under Article 226 (2) of Jammu & Kashmir Civil Service Regulations, 1956, with effect from forenoon of 21^st September, 2004, having been passed illegally, capriciously and in arbitrary manner;

II. Issue WRIT OF MANDAMUS directing and commanding the Respondents to treat the writ petitioner in service till he attains the age of superannuation as provided under the rules alongwith all the consequential benefits;

III. Any other writ, order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the writ petitioner.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No.2161/2010, which was originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon transfer, came to be registered as T.A. No. 5347/2021 before this Tribunal. The challenge in the petition is directed against Government Order No. 1260-GAD of 2004 dated 20.09.2004, whereby the applicant was compulsorily retired under Article 226(2) of the Jammu and Kashmir Civil Service Regulations, 1956, with effect from the forenoon of 21.09.2004. Through the petition, the applicant sought quashing of the said order and a direction to treat him in service till the age of superannuation with all consequential benefits.

b) The case of the applicant is that he was initially appointed as a Sub-Inspector in the Jammu and Kashmir Police and, according to him, served the department with dedication, honesty and distinction throughout his career. It is pleaded that he earned a good service record and had proved to be an asset to the department. The applicant states that vide PHQ Order No. 33 of 1998 dated 01.01.1998, he was promoted to the rank of Inspector with effect from 24.05.1997. Thereafter, vide PHQ Order No. 1041 of 2000 dated 10.04.2000, he was transferred and posted as In-charge Deputy Superintendent of Police (Operations), Jammu, and was to draw salary against a leave reserve post of Deputy Superintendent of Police transferred to Jammu.

c) It is further pleaded that while functioning in the said capacity, particularly from 23.12.2000 onwards, the applicant conducted seven operations and three joint operations with the security forces in which 23 militants were killed and arms, ammunition and explosives were recovered. He has placed reliance upon various press cuttings and commendation certificates to show that his service record was meritorious. He has specifically referred to commendation certificates issued by senior police officers appreciating his role in militant operations, Republic Day arrangements, Lok Sabha Election duty, Amarnath Yatra arrangements, Independence Day duty and the visit of the President of India. According to the applicant, these commendations clearly demonstrated that his work and conduct were satisfactory and that there was no basis to treat him as “dead wood.”

d) The grievance of the applicant is that, despite the above service profile, he was suddenly served with Government Order No. 1260-GAD of 20