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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINGAR

LPASW No. 171/2018 c/w

CCP(S) No.505/2024

Reserved on: 10.12.2025

Pronounced on: 30.12.2025

Uploaded on : 30.12.2025.

Whether the operative part or

full judgment is pronounced:Full

State of Jammu and Kashmir through Commissioner/Secretary to

Government, GAD, Civil Secretariat, Srinagar.

……Petitioner

Through: - Mr. Hakim Aman Ali Dy.AG with

Mr.Mohd. Younis Hafiz, Assisting

Counsel.

vs

Ahsan-ul-Haq Khan son of Mohd. Ilyas resident of Rawal Porah

Srinaagar. …Respondent(s)

Through: - Mr. Azhar Ul Amin Sr. Advocate with

Mr. Numan Shafi Advocate.

CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR,JUDGE

HON’BLE MR. JUSTICE SANJAY PARIHAR JUDGE

JUDGMENT

Sanjeev Kumar J

1 This intra-court appeal, filed by the State of Jammu and

Kashmir (now Union Territory of Jammu and Kashmir), is directed

against an order and judgment dated 05.09.2018 passed by the learned

Single Judge of this Court (hereinafter referred to as the “Writ Court”)

in SWP No. 210/2017 titled Ahsan-ul-Haq Khan v. State of Jammu and

Kashmir, whereby the writ petition filed by the respondent herein has

been allowed. The Writ Court, while allowing the writ petition, has

Mohd Altaf Nima

I attest to the accuracy

and authenticity of this

document

30.12.2025

2

directed that the writ petitioner (respondent herein) be reinstated and

granted all consequential benefits within a period of one month from

the date a certified copy of the judgment is served upon the appellants.

2 Briefly stated, the facts leading to the filing of the present

appeal are that the respondent was initially appointed as Sectional

Officer (now Junior Engineer) in the R&B Department in the pay scale

of Rs. 680–1240 vide Government Order dated 01.12.1982. He was

posted in various wings of the Engineering Department and was lastly

working as AE (Incharge) in Sub Division Zainpora, REW, Shopian.

Allegedly due to personal vendetta of one Mohd. Sarwar Tantray, the

respondent was falsely implicated in FIR No. 24/2011 for offences

under Section 5(2) of the J&K Prevention of Corruption Act read with

Sections 161 and 109 RPC, and was placed under suspension vide

Order dated 07.12.2011. It is alleged that during investigation, the

phenolphthalein-dipped currency notes used in the trap were taken from

a box kept in the storeroom of the office, which was not under the

control or custody of the respondent. The respondent would allege that

in the investigation it revealed that a person other than the respondent

was the recipient of the said currency notes, yet the respondent was

implicated merely on hearsay evidence. Appreciating the innocence of

the respondent and the falsity of the allegations, the respondent was

reinstated by the Government vide Government Order dated

21.07.2015. Thereafter, he was posted in R&B Sub Division Handwara.

3 Vide Government Order dated 08.12.2015, the respondent

was deputed and posted as AE (Incharge) from R&B Division

Handwara to REW Kashmir, and vide Government Order dated

Mohd Altaf Nima

I attest to the accuracy

and authenticity of this

document

30.12.2025

3

24.02.2016, he was posted as AE (Incharge) in Sub Division Zainpora,

REW. Subsequently, vide Government Order dated 21.11.2016, the

respondent was given notice of premature retirement from service with

effect from the forenoon of 01.07.2015. The impugned order of

premature retirement, along with a cheque amounting to Rs. 2,01,192/-,

was served upon the respondent vide Office Letter dated 21.11.2016

issued by the Under Secretary to Government.Aggrieved thereby, the

respondent approached the Writ Court by filing SWP No. 210/2017,

contending that the impugned order was based on no material and that

his service record had not been considered by the Government.

4 The writ petition was contested by the appellants, who

contended that the competent authority, after considering the record

and the evidence collected by the investigating agency, and after

applying its mind to the facts and circumstances of the case, accorded

sanction for prosecution of t