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| DB uphold compulsorily retirement of Xen | | | EARLY TIMES REPORT
Jammu, March-02 (JNF):- A Division Bench of the High Court comprising Justice JP Singh and Justice Hasnain Massodi in LPA filed by Rajesh Gupta then Incharge Executive Engineer in Rural Development who was retired compulsorily by J&K State on April 26, 2005, upheld the judgment of Single Judge passed on January 29, 2008.
The court referred to the judgment of Single Judge and also the affidavit filed by the respondent State in terms of order dated March 9, 2010, believes the appellant stand the said material washes out the grounds recorded in the third report of the committee constituted to consider officers/officials including the appellant for their pre-mature retirement. The Commissioner of Vigilance vide dated May 17, 2010 has reported to Commissioner/Secretary to GAD (VIG) recommended departmental action against the appellant in connection with allegations that prompted registration of FIR 49/1991 and FIR 11/1995. Again the Vigilance Organization has found the part of assets allegedly disproportionate to the known source of income of appellant, though not purchased in the appellant’s own name, purchased in the name of Devi Dutt Mal Gupta father-in-law of the appellant and thereafter gifted to Mrs. Poonam Gupta w/o of the appellant and Mr. Rahul Gupta s/o appellant. The SVO as is evident from annexure to the afore-mentioned affidavit have found Rs 6, 66, 103 in the appellant’s bank account and a transaction of Rs 24 lacs to have taken place in another account held by the appellant.
The court further observed that there was sufficient material before the committee constituted to consider the case of the officials/officers including the appellant to recommend his compulsorily retirement. The writ court while dis-allowing the writ petition and rejected the challenged thrown to the Govt order NO 471-GAD of 2005 dated April 26, 2005 has rightly placed reliance on law laid down by Apex Court and upheld the judgment of Writ Court dated January 29, 2008 and dismissed the appeal filed by the appellant. JNF
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