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| Pendency of challan cannot lead to weeding out from service prematurely: DB | | | Early Times Report
JAMMU, Feb 18: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Puneet Gupta while upholding the quashment of premature retirement of Noor Mohammad Bhat Deputy Director Forest Protection Force, observed that Mere registration of a case and pendency of challan cannot lead to the conclusion that the integrity of the respondent is so doubtful as would necessitate his weeding out from service prematurely. The Writ Court has, thus, rightly concluded that formulation of opinion by the Government, on the basis of recommendation of the Review Committee, is not based on any relevant material. Mere registration of FIR in a corruption case without there being any other adverse material is not sufficient to formulate opinion by the Government in terms of Article 226(2) of the CSR that retention of Government servant under scrutiny is no longer in public interest. The relevant parameters which have been indicated hereinabove and which are required to be considered for formulating such opinion have not been kept in view. The Review Committee was completely swayed by the fact that the respondent had been caught red handed taking bribe from his subordinate in lieu of reinstatement from suspension and, therefore, was a person of doubtful integrity. Needless to say, that registration of FIR and even presentation of challan after investigation is merely an allegation against the respondent and is not conclusive proof of the fact that he has actually indulged in corrupt practice. Besides, the Government has violated the mandate of Article 226(2) of CSR, 1956 by ignoring to consider all the relevant material, which must form bedrock of the Government decision to retire a public servant prematurely in public interest.
With these observations, the Division Bench dismissed the appeal filed by the Govt of J&K. —JNF |
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