Compulsory retirement on mere ground of FIR registered against petitioner not to be sustained

Jammu and Kashmir High Court: A Single Judge Bench comprising of M. K. Hanjura, J., dealt with a petition where the question before Court was whether government order given by Government of Jammu and Kashmir under Article 226(2) of the Jammu and Kashmir Civil Services Regulations where petitioner was given compulsory retirement could have been given under the circumstances of the instant case or not.

Facts of the case are that an FIR was registered against the petitioner by the Vigilance Organization, Kashmir, alleging the petitioner to have committed criminal misconduct punishable under Section 5(2) of the J&K Prevention of Corruption Act read with Sections 161 and 109 of the Ranbir Penal Code (RPC) after which petitioner was suspended. It is this suspension order which is impugned in the instant case. Respondent stated that it is in public interest that the administration work is clean and effective. Thus, it is important that inefficient and corrupt officers are weeded out from the services. On the above ground respondent removed petitioner from his services. Petitioner contended that the committee which was created did not consider the ‘Annual Performance Report’ of the petitioner.

The High Court was of the view that compulsory retirement merely because an FIR is lodged against the petitioner by the Vigilance Organization cannot be sustained. Therefore, impugned order was quashed. [Ahsan-ul-Haq Khan v. State of J&K, 2018 SCC OnLine J&K 584, dated 05-09-2018]

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    An accused, unless decided guilty by the court of law, is deemed to be innocent !

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