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news details
DB dismisses appeal against judgement of Single judge
Compulsory retirement case
11/24/2017 10:33:39 PM
Early Times Report
JAMMU, Nov 24: A Division Bench of Jammu and Kashmir High Court comprising of Justice Badar Durez Ahmed (Chief Justice) and Justice Sanjeev Kumar today dismissed the appeal filed against the judgment dated 22.12.2016 passed by the learned Single Bench whereby the respondent-writ petitioner had been ordered to be compulsorily retired w.e.f. 01.07.2015, was quashed.
The respondent was working as Assistant Director, when an FIR being FIR No.21/2010 came to be registered by the Crime Branch, Jammu against the petitioner and one Babu Ram, Storekeeper, which upon investigation culminated into presentation of challan before the Court of Special Judge Anticorruption, Jammu in which charges against the respondent were framed.
Thereafter another FIR being FIR No.22/2011 came to be registered with Police Station, Vigilance Organization, Jammu against the respondent and investigation was stated under progress. It appears that besides, FIR No.22/2011, Verification No.Veri-JMU-10/2014 had also been registered by the Vigilance Organization, Jammu and the same is also stated to be under probe. The appellants by taking note of the FIR registered against the respondent, i.e., FIR No.22/2011 and the verification No.Veri-JMU- 10/2014 registered by the Vigilance Organization, Jammu against the respondent, decided to compulsory retire the respondent by invoking powers conferred under Regulation 226(2) of the Jammu & Kashmir Civil Services Regulations and accordingly, the impugned order was passed.
DB after hearing heard the learned counsel for the parties and perusing the record observed that from perusal of the minutes of the meeting of the Committee, which recommended compulsory retirement of the respondent, it is abundantly clear that decision to compulsorily retire the respondent was taken in view of the registration of FIR No.22/2011 and Verification No.Veri-JMU-10/2014 by the Vigilance Organization, Jammu. Apart from the aforesaid material, no other record was either placed before the Committee or the Competent Authority nor the same was considered.
DB observed that the Annual Confidential Reports (ACRs) of the respondent, which have been placed on record by way of annexures to the writ petition by the respondent, were also not considered.As a matter of fact, the Committee has stated that it was reported by the department that ACRs of the respondents were incomplete.
DB perused the record and find similar stipulation in the cases of all employees, who were recommended by the Committee and were ultimately compulsorily retired.
DB held that there is no material available with the Committee or before the competent authority to come to such a conclusion nor there is any indication in the minutes of the meeting of the Committee as to how the Committee arrived at the aforesaid opinion and viewed that the judgment of the learned Single Judge, impugned in this appeal, does not call for any interference and the same is, therefore, upheld. Consequently, the appeal fails and is accordingly, dismissed. There shall be no order as to the costs.
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