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| HC dismisses petition challenging premature retirement of XEN | | | Early Times Reporter
Jammu | Feb 2
Justice Nirmal Singh of J&K High Court, Jammu Wing, today dismissed the petition filed by the then Executive Engineer Rural Engineering Wing Kathua, challenging the Government Order of April 26,2005 where under he was prematurely retired from the service.
In the approved for reporting judgment, Justice Singh, after hearing Sr. Adv DC Raina with Adv Vikram Singh appearing for the petitioners and AAG Mr. BS Salathia appearing for the state, observed that before passing the order impugned the state Govt constituted a committee of officers under the chairmanship of Chief Secretary for considering the cases of various officers/ officials. The said committee held meetings on various dates in the year of 2004 and 2005 which were attended by all the members and case of the petitioner was considered by the committee on the basis of the report submitted by the Additional DG CID that the petitioner was having the property disproportionate to his known source of income. The property included a house at Krishna Colony Kathua built over 3 Kanals of land, two shops in Kathua, 6 Kanals of land in kathua town, one Kanal of land at Trikuta Nagar Jammu, two Kanals of land at Trikuta Nagar extension, 3 Kanals of land at Greater Kailash colony Jammu, 10 marlas of plot at Bithindi Jammu, besides having bank accounts and lockers in UCO Bank Ragunath Bazzar Jammu and Vijaya Bank Purani Mandi Jammu. In addition to the above property, the committee concerned also took into consideration the information provided by the Administrative Department in which the petitioner was working and as per this report, the petitioner was attached in the head-office vide Govt order May 9, 2003 for issuing back dated sanctions relating to the execution of departmental works, passing of bills and estimates in Jammu District and other matter related. A departmental enquiry was also ordered against the petitioner vide Govt order dated May 22, 2003. It was further provided in the report of the department concerned that the petitioner is having a bad reputation.
While dismissing the petition Justice Singh further observed that all the material available with the authorities concerned resulted in their subjective satisfaction that the petitioner Rajesh Gupta the then Executive Engineer Rural Engineering wing Kathua is an officer of doubtful integrity and it was on the basis of this satisfaction the order impugned has been issued and rightly so that in the opinion of Court, no interference is called for. This |
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