IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP [CASE NUMBER][CASE NUMBER] 1383 of 2015 CMP [CASE NUMBER][CASE NUMBER] 01 of 2015 Dr[CASE NUMBER] [ENTITY] Petitioners [ENTITY] & others Respondents !Mr[CASE NUMBER] [ENTITY], Advocate ^Mr[CASE NUMBER] [ENTITY], AAG[CASE NUMBER] Honble Mr[CASE NUMBER] Justice [ENTITY], Judge Date: 27/06/2016 : J U D G M E N T :
1[CASE NUMBER] [CASE NUMBER] dated 30[CASE NUMBER]06[CASE NUMBER]2015, in exercise of power conferred by [SECTION] of the [ACT], petitioner has been retired from service w[CASE NUMBER]e[CASE NUMBER]f forenoon of 01[CASE NUMBER]07[CASE NUMBER]2015 at the age of 48 years[CASE NUMBER] He has been allowed three months pay and allowances in lieu of three months notice[CASE NUMBER] Aggrieved thereof, instant petition has been filed seeking Writ of Certiorari for quashing the said order with a further direction so as to command the respondents to reinstate the petitioner into service with all consequential service benefits[CASE NUMBER]
2[CASE NUMBER] The foundation for premature retirement of the petitioner, in the recommendations made by the Committee, constituted vide [CASE NUMBER] dated 20[CASE NUMBER]05[CASE NUMBER]2015, is noticed as under:
(1) Through his consistent conduct over a period of time, the petitioner does not enjoy a good reputation in the public;
(2) Petitioner claims to have done his Master Degree in Hospital Administration from Royal College of Physician and Surgeon, United [ENTITY]s of America (USA), which, as per Medical Council of India clarification, is not a degree but Membership only;
(3) Petitioner was shifted from Super Specialty Hospital, Jammu and suspended/attached with IGGDC, Jammu for his alleged involvement in some financial as well as administrative irregularities[CASE NUMBER]
(4) Petitioner is not having a valid Master Degree[CASE NUMBER]
(5) Has signed a MOU with Indian Railway Catering and Tourism Corporation (IRCTC) on behalf of Government Medical College, Jammu, without any administrative approval from the competent authority[CASE NUMBER]
(6) When MOU signed by the petitioner was compared with another MOU signed by PGI Chandigarh with IRCTC, irregularities were depicted which resulted in loss to the [ENTITY] exchequer[CASE NUMBER]
(7) Petitioner has procured 34 Kgs of Dog kill Powder without any supply order on exorbitant rates[CASE NUMBER]
(8) The Annual Confidential Reports (ACRs) of the petitioner were reported to be incomplete[CASE NUMBER]
It is also recorded in the recommendation that the Committee took note of the fact that the accused (petitioner) has indulged in corrupt practices and was involved in illegal acts during his service thereby substantiating the fact that he has outlived his utility to the public It has also been mentioned by the Committee that since the officer is generally known to have bad reputation and has indulged in corrupt practices while performing his legitimate duties[CASE NUMBER] Finally, recommended the petitioner to be retired from Government service in the public interest under [SECTION] of [ACT] with a further recommendation that the petitioner be given three months pay and allowances in advance as admissible in lieu of the notice[CASE NUMBER]
3[CASE NUMBER] In the writ petition as well as in the rejoinder, petitioner has projected that he has been victimized, none of the above grounds have any basis[CASE NUMBER] All the grounds have been taken note of by the Committee in an arbitrary manner without ascertaining the actual position[CASE NUMBER] Petitioner un- necessarily has been subjected to inconvenience and has been stigmatized[CASE NUMBER]
4[CASE NUMBER] In the reply filed by the respondents, the position as has been noticed by the Committee in its recommendations has been highlighted[CASE NUMBER]
5[CASE NUMBER] For appreciating the matter in its right perspective, it shall be advantageous to notice the background pursuant to which exercise has been undertaken for weeding out the dead wood, as detailed in the reply filed by respondents [CASE NUMBER][CASE NUMBER]1, 2 and 4[CASE NUMBER] It has been pleaded that the Government has to:
(a) Perform multitude of tasks in order to implement various welfare measures in public interest[CASE NUMBER]
(b) The paramount task is that of providing clean and effective administration to the people of the [ENTITY][CASE NUMBER]
(c) In order to make the administration effective, periodic review of all its officers is taken by the [ENTITY] Government to encourage honest and efficient Government servants
(d) Simultaneously weed out inefficient and corrupt officers from the services in the public interest[CASE NUMBER]
(e) Various measures are taken to deal with unscrupulous, inefficient and corrupt officers to instill the faith of public in the administration while as various incentives and awards are given to honest and efficient officers[CASE NUMBER]
(f) Recourse is taken to the provisions of [SECTION] of the [ACT], for removal of such Government servants from [ENTITY] services who have become deadwood on account of having indulged in corrupt practices[CASE NUMBER]
(g) It has become imperative to take action against such Government servants who indulge in corruption, suffer bad reputation in public and created impediments in delivery of services to the general public in a smooth and effective manner[CASE NUMBER]
(h) Compulsory retirement is based on sacrosanct object of weeding out the deadwood in order to maintain high standard of efficiency and initiative in the [ENTITY] services[CASE NUMBER]
(i) Compulsory retirement as envisaged under [SECTION] of the [ACT] is designed to infuse the administration with initiative for better administration and for augmenting efficiency so as to meet the expanding horizons and cater to new challenges faced by the [ENTITY] to provide speedy, sensitivity, probity, non-irritative public relation and enthusiastic creativity, which can be achieved by eliminating the deadwood[CASE NUMBER]
6[CASE NUMBER] In the aforesaid background, vide [CASE NUMBER] dated 20[CASE NUMBER]05[CASE NUMBER]2015, sanction was accorded to the constitution of a committee to consider the cases of officers/officials for premature retirement[CASE NUMBER]
7[CASE NUMBER] The object is laudable[CASE NUMBER] If positive steps are taken for betterment of the administration, for better services to the public and in the process any officer/official found to be a hurdle on the grounds of indolence, corruption, administrative disturbance etc[CASE NUMBER] then for such a situation remedial provision i[CASE NUMBER]e[CASE NUMBER] [SECTION] of the [ACT] has to be resorted to[CASE NUMBER] Resort to such a provision has not to be arbitrary, baseless or tainted with malice[CASE NUMBER] A strong foundation has to be laid for taking action under the said Article[CASE NUMBER]
8[CASE NUMBER] Premature or compulsory retirement has its own impacts not only on the officer/official but on his family as a whole, therefore, all pros and cons are required to be taken care of and in the process all the prescribed norms have to be meticulously followed[CASE NUMBER] On complete evaluation of the material, if an officer/official is found not satisfying the norms, then it shall be in the larger interests of the public to show him the exit door[CASE NUMBER] Once a person has opted to take poison, he has to face the consequences and the family has to bear it[CASE NUMBER]
9[CASE NUMBER] It will be advantageous to quote Govt[CASE NUMBER] order [CASE NUMBER][CASE NUMBER]17- GAD(Vig) 2015 dated 20[CASE NUMBER]o5[CASE NUMBER]2015:
Government of Jammu and Kashmir General Administration Department Civil Secretariat, Jammu/[PRECEDENT] Subject: Constitution of Committee to Consider cases of officers/officials for premature retirement in terms of [SECTION] and [SECTION] of [ACT][CASE NUMBER]
Government Order [CASE NUMBER][CASE NUMBER]17-
GAD(Vig) 2015 D a t e d : 20 -05-2015
In supersession of all previous orders on the subject, sanction is accorded to the constitution of a committee, comprising the following to consider the cases of officers/officials for premature retirement, in terms of [SECTION] and [SECTION] of [ACT]:
1[CASE NUMBER] Chief Secretary Chairman
2[CASE NUMBER]
Principal Secretary to the Chief Minister Member
3[CASE NUMBER] Principal Secretary to the Government Home Department Member
4[CASE NUMBER] Commissioner/Secretary to the Government General Administration Department Member-
Secretary
5[CASE NUMBER] Secretary to the Government Department of Law, Justice & Parliamentary Affairs[CASE NUMBER]
Member The Chairman may also co-opt a Member for assisting the Committee in any particular meeting[CASE NUMBER]
By order of the Government of Jammu & Kashmir[CASE NUMBER]
Sd/- ([ENTITY]) Commissioner/Secretary to Government
10[CASE NUMBER] The Committee so constituted while considering cases of number of officers/officials of various departments including that of the petitioner, have adopted the baseline for examining the individual cases on the basis of position of their respective cases[CASE NUMBER] Same is noticed in the recommendations of the Committee, which is quoted as under:
The Committee, after threadbare discussions held in its series of meetings after going through the relevant service records, available Annual Performance Reports of the officers/officials, finally recommended following employees for retirement under [SECTION][CASE NUMBER]
11[CASE NUMBER] On the basis of aforesaid norms and position of rules, case of the petitioner has been examined, the recommendation of the Committee vis-`- vis petitioner, for facility of reference is relevant to be quoted:
Cases under [SECTION] of [ACT], 1956 Health & Medical Education Department[CASE NUMBER]
The Committee constituted vide [CASE NUMBER] dated 20[CASE NUMBER]5[CASE NUMBER]2015, held its meeting on 21[CASE NUMBER]05[CASE NUMBER]2015, 11[CASE NUMBER]06[CASE NUMBER]2015 & 26[CASE NUMBER]06[CASE NUMBER]2015, under the Chairmanship of the Chief Secretary and considered following cases for retirement under [SECTION] of the [ACT][CASE NUMBER]
The Secretary to the Government, Health & Medial Education Department participated in the meeting as co- opted member[CASE NUMBER]
Dar Name of Government Servant :Dr[CASE NUMBER] [ENTITY] Present place of posting :Medical Officer, Medical Supplies Corporation[CASE NUMBER]
Date of birth :17[CASE NUMBER]02[CASE NUMBER]1963 Date of appointment :26[CASE NUMBER]03[CASE NUMBER]2003 Number of years in service :12(but has attained 48 years of age)
Through his consistent conduct over a period of time, the employee does not enjoy a good reputation in the public[CASE NUMBER]
Dr[CASE NUMBER] [ENTITY] claims to have done his Master Degree in Hospital Administration from Royal College of Physician and Surgeon, United [ENTITY]s of America (USA), which, as per Medical Council of India clarification, is not a Degree but membership only[CASE NUMBER] Dr[CASE NUMBER] [ENTITY] was shifted from Super Specialty Hospital, Jammu and suspended /attached with IGGDC, Jammu for his alleged involvement in some financial as well as administrative irregularities[CASE NUMBER] Dr[CASE NUMBER] [ENTITY] is not having a valid Master Degree[CASE NUMBER] Dr[CASE NUMBER] [ENTITY] has signed a MOU with Indian Railway Catering and Tourism Corporation (IRCTC) on behalf of Government Medical College, Jammu, without any administrative approval from the competent authority[CASE NUMBER] When MOU signed by Dr[CASE NUMBER] [ENTITY] was compared with another MOU signed by PGI Chandigarh with IRCTC, irregularities were depicted which resulted in loss to the [ENTITY] exchequer[CASE NUMBER] Besides, a verification was also initiated by the Vigilance Organization into the allegations that Dr[CASE NUMBER] [ENTITY] has procured 34 kg Dog Kill Powder without any supply order on exorbitant rates[CASE NUMBER] The matter stands referred to Health Department for Regular Departmental Action[CASE NUMBER]
It was reported that the Annual Confidential Reports (ACRs) of the officer are incomplete[CASE NUMBER]
The Committee took note of the fact that the accused has indulged in corrupt practices and involved in illegal acts during his service thereby substantiating the fact that he has outlived his utility to the public[CASE NUMBER]
Since the officer is generally known to have bad reputation and indulged in corrupt practices while performing his legitimate duties, therefore, recommended the petitioner to be retired from Government service in the public interest under [SECTION] of [ACT] with a further recommendation that the petitioner be given three months pay and allowances in advance, as admissible, in lieu of the notice[CASE NUMBER]
Sd/ Sd/ ([ENTITY]) ([ENTITY]) Secretary, Law Secretary, H&ME Sd/ Sd/ ([ENTITY]) ([ENTITY]) Comm[CASE NUMBER]/Secretary, GAD Principal Secretary, Home Sd/ Sd/ ([ENTITY]) ([ENTITY]) Principal Secretary to HCM Chief Secretary
12[CASE NUMBER] The recommendation vis-`-vis petitioner indicates the grounds as above which persuaded the Committee to recommend his premature retirement[CASE NUMBER]
13[CASE NUMBER] Before coming to the allegation of bias as against the respondent [CASE NUMBER][CASE NUMBER]3, it would be relevant to ascertain as to whether the grounds based on which petitioner has been retired are supported by any material[CASE NUMBER]
14[CASE NUMBER] Ground (1): Through his constant conduct over a period of time, the petitioner does not enjoy a good reputation in the public[CASE NUMBER]
There is nothing on record which would suggest that the petitioner did not enjoy good reputation[CASE NUMBER] A general imputation without any base has the trappings of arbitrariness[CASE NUMBER] It appears that the said ground has been linked with other grounds to be dealt with hereinafter[CASE NUMBER] It is to be examined whether those grounds have any substance or not[CASE NUMBER]
15[CASE NUMBER] Ground (2): Petitioner is claimed to have done his Masters degree in Hospital Administration from Royal College of Physicians and Surgeons, United [ENTITY]s of America (USA), which as per Medical Council of Indias clarification is not a degree but a Membership only:
The uncontrovertable position as highlighted by the petitioner in his rejoinder renders the said ground as baseless[CASE NUMBER] In the rejoinder petitioner in categorical terms has stated that he was admitted as member of Royal College of Physicians and Surgeons at USA with rights and honours to use the designation Member of the Faculty of Hospital Management and Public Health Medicine (MFHM&PHM)[CASE NUMBER] The certificate was got verified by the then Honble Minister for Medical Education and Youth Services and Sports from the said College vide mail dated 08[CASE NUMBER]08[CASE NUMBER]2012 read with response mail dated 10[CASE NUMBER]08[CASE NUMBER]2012 and was also verified by respondent [CASE NUMBER][CASE NUMBER]3-Commissioner/ Secretary, Health & Medical Education Department vide his mail dated 22[CASE NUMBER]11[CASE NUMBER]2012 read with response mail of the same date[CASE NUMBER]
16[CASE NUMBER] It has been stated that the respondents have wrongly misinterpreted the said qualification and the certificate thereof, without appreciating that in Western World postgraduate degrees are referred as Membership[CASE NUMBER] Supporting this position, petitioner has placed on record photocopy of the certificate issued by the Royal College of Physicians and Surgeons at USA, wherein it has been certified that the petitioner has been admitted a Member of the Royal College of Physicians and Surgeons with rights and honors to use the designation Member of the Faculty of Hospital Management & Public Health Medicine[CASE NUMBER] The said certificate has been issued under [CASE NUMBER][CASE NUMBER][CASE NUMBER][CASE NUMBER]
17[CASE NUMBER] Copy of the original email message is placed on record[CASE NUMBER] Its perusal reveals that Mr[CASE NUMBER] [ENTITY], then Minister for Medical Education, Technical Education, Youth Services & Sports, Government of Jammu & Kashmir, India, had sought verification and authentication of degree obtained by the petitioner[CASE NUMBER] The response mail received from the said College is quoted here- under:
Honble Minister:
We have received authorization to release the information that you requested from Dr[CASE NUMBER] [ENTITY][CASE NUMBER]
Please be informed that on April 30, 2001, Dr[CASE NUMBER] [ENTITY] successfully completed postgraduate studies in Hospital Management and Public Health Medicine from the Royal College of Physicians and Surgeons-USA[CASE NUMBER] He was issued the certificate number SHOO96PHM after successfully completed series of examinations[CASE NUMBER]
Our institution does not award ordinary membership certificate but purely academic studies and upon recommendation of the Directors and the Faculty We appreciate your efforts to contact us to verify this matter[CASE NUMBER] Verification is a valid approach to stop impostors from illegal use and abuse academic credential[CASE NUMBER]
18[CASE NUMBER] Email message of respondent [CASE NUMBER][CASE NUMBER]3 dated [CASE NUMBER]vember 22, 2011 also reveal that he had sought verification from the said College by conveying that he is in receipt of certificate from Dr[CASE NUMBER] [ENTITY] claiming to have acquired the postgraduate degree in Hospital Management and Public Health Medicine from the said College[CASE NUMBER] Then they have been asked to inform whether certificate is genuine or not[CASE NUMBER] In the response mail it has been mentioned that in addition to verification of Dr[CASE NUMBER] [ENTITY] regarding completion of the postgraduate programme in Hospital Management and Public Health Medicine, please be informed that the Royal College is a postgraduate institution and upon receipt of the advanced degree, Dr[CASE NUMBER] [ENTITY] and other holders of the Royal College certifications, are required to maintain their certifications by submitting prescribed continuing medical education credits every three years to assure current knowledge in the specialization[CASE NUMBER]
19[CASE NUMBER] In the aforesaid backdrop, there is no doubt about the certificate of the petitioner[CASE NUMBER] That apart, whether petitioner has Masters degree or not in Hospital Administration, looses significance because petitioner claim that on the basis of said certificate he has neither been appointed nor has derived any benefit nor given any advantageous position nor he has utilized the said certificate[CASE NUMBER] Therefore, how could such a position constitute as one of the grounds for premature retirement[CASE NUMBER] Said position projected by the petitioner has not been controverted by the respondents[CASE NUMBER]
20[CASE NUMBER] Ground (3): Petitioner was shifted from Super Specialty Hospital, Jammu and suspended/attached with IGGDC, Jammu for his alleged involvement in some financial/administrative irregularities of having singed MOU with Indian Railway Catering and Tourism Corporation (IRCTC) on behalf of GMC, Jammu without any administrative approval from the competent authority and that on comparison thereof with MOU signed with PGI Chandigarh by IRCTC irregularities were depicted which resulted in loss to the [ENTITY] exchequer:
Petitioner in the rejoinder has made the position clear by stating that he is not involved in financial or administrative irregularities[CASE NUMBER] MOU was signed by him with IRCTC (Indian Railways) on the basis of decision taken in a meeting held on 16[CASE NUMBER]11[CASE NUMBER]2013 under the Chairmanship of Honble Minister for Medical Education, Mr[CASE NUMBER] [ENTITY] at SS Hospital, Jammu, along with senior most officers of the Department including Principal, GMC, Jammu, HOD Nephrology, Administrator, Associated Hospital, Jammu, Personnel Officer, GMC, Jammu and others[CASE NUMBER] In terms of the decision on agenda item-4 regarding allotment of Canteen services (one for doctors and one for attendants) in SS Hospital, Jammu, acceped the offer of IRCTC (Indian Railway), a Government of India Enterprise to provide better canteen services at the said Hospital[CASE NUMBER] The petitioner was Medical Superintendent, SS Hospital, Jammu, as such, was authorized to sign MOU on the analogy of PGI, Chandigarh, SGPC Lukhnow and IIT, New Delhi[CASE NUMBER] So he has not signed the MOU without approval from the competent authority[CASE NUMBER]
21[CASE NUMBER] The position, as stated in para 20 above, is supported by the copy of minutes of the meeting held under the Chairmanship of Honble Minister, Medical Education, Youth Services & Sports on 16[CASE NUMBER]11[CASE NUMBER]2013 at Super Specialty Hospital, Jammu[CASE NUMBER] Agenda item [CASE NUMBER][CASE NUMBER]4, as considered in the said meeting is relevant to be quoted:
S[CASE NUMBER] [CASE NUMBER][CASE NUMBER] Issue Decision taken Action to be taken
4[CASE NUMBER]
Allotment of canteen services (one for doctors and one for attendants) in Super Specialty Hospital Jammu[CASE NUMBER] In order to provide better canteen services in Super Specialty Hospital, Jammu, Indian Railway Catering Division (A Govt[CASE NUMBER] or India Enterprise) submitted vide [CASE NUMBER][CASE NUMBER]2013ITCTC/CDG/NRC- [ACT] was accepted[CASE NUMBER] It was also decided that initially two canteens be allotted, one for doctors and one for the attendants[CASE NUMBER] Medical Superintendent SSH, Jammu will sign MOU with Railway authorities on the analogy of PGI Chandigarh, SGPC, Lucknow, I[CASE NUMBER]I[CASE NUMBER]T, New Delhi[CASE NUMBER]
The ground that the petitioner had signed MOU without approval of the competent authority is negated by the aforesaid position[CASE NUMBER]
22[CASE NUMBER] Apart from aforesaid position, petitioner has further qualified in categorical terms that consequent to the orders of the Honble Minister for Medical Education, he cancelled the said MOU and there was not even a single penny financial implication, therefore, the allegation of loss to the [ENTITY] exchequer is totally imaginary[CASE NUMBER] This position too has not been controverted by the respondents and, in effect, is supported by the wording as employed in the recommendation itself wherein it has been mentioned that the petitioner is allegedly involved in  some fi nanci al as w el l as admi ni str ati ve ir r egul ari ti es [CASE NUMBER] The word some used means that the members of the Committee themselves were not sure about any financial loss or administrative irregularity nor any such material has been produced which would justify loss to the [ENTITY] exchequer or administrative irregularity, hence a baseless imputation[CASE NUMBER]
23[CASE NUMBER] Ground (4): Petitioner has procured 34 kg Dog Kill Powder without any supply order on exorbitant rates:
(a) While responding to the aforesaid imputation, in the rejoinder, it has been stated that the said allegation is not supported by any record[CASE NUMBER] In fact, purchase and procurement officer, [PRECEDENT] Municipal Corporation had issued supply order bearing endorsement [CASE NUMBER][CASE NUMBER]SMC/PPS/915-17 dated 02[CASE NUMBER]12[CASE NUMBER]2008 with M/S Indo German Alkaloids, Maha Kali Road, Andheri East, Mumbai, for supply of 34 Kgs[CASE NUMBER] of strychnine Hydrochloride powder (dog kill poison) on rates verified by a team of officers constituted by the Joint Commissioner (Adm), SMC, [PRECEDENT], vide endorsement [CASE NUMBER][CASE NUMBER]SMC/PPO/819-32 dated 01[CASE NUMBER]11[CASE NUMBER]2008[CASE NUMBER] For ascertaining rates, [PRECEDENT] Municipal Corporation had constituted a team of three officers, namely, Health Officer, Veterinary Officer and Assistant Accounts Officers and on acceptance of the report, purchase order dated 02[CASE NUMBER]12[CASE NUMBER]2008 was issued by the Purchase and Procurement officer[CASE NUMBER]
The vigilance enquiry made into the said allegation against the Commissioner, [PRECEDENT] Municipal Corporation and other officers was finally concluded as not proved and closed by the Vigilance Commissioner way back in the year 2009[CASE NUMBER] In acceptance of the vigilance conclusion, no departmental enquiry was ever initiated against the petitioner[CASE NUMBER]
(b) The aforesaid position has not been controverted[CASE NUMBER] Had there been any illegal act of the petitioner in purchasing 34 Kgs[CASE NUMBER] of dog kill poison, then Vigilance Organization would not have closed the case as not proved in the year 2009, from the year 2009 if there would have been any departmental enquiry, then some results would have been known[CASE NUMBER] [CASE NUMBER] record or any material has been produced for justifying the said allegation[CASE NUMBER]
(c) [CASE NUMBER]n-involvement of the petitioner is further supported by the fact that the petitioner in case would have been involved, then he would not have been allowed to hold important and substantive posts thereafter like Medical Superintendent, Super Specialty Hospital, Jammu, Deputy Medical Superintendent, Super Specialty Hospital, Jammu, and General Manager (Procurement), J&K Medical Supplies Corporation and would not have also been allowed regular benefits of pay and grade, annual increments and charge allowance[CASE NUMBER]
(d) It is rightly contended by learned counsel for the petitioner that the ground about purchase of 34 Kgs[CASE NUMBER] of dog kill poison on exorbitant rates is not anywhere established, so could not form as a ground for premature retirement of the petitioner[CASE NUMBER]
(e) The position, as projected, is supported by [CASE NUMBER] dated 20[CASE NUMBER]10[CASE NUMBER]2012, where-under petitioner had been directed to look after duties of the Deputy Medical Superintendent, Super Specialty Hospital, Jammu[CASE NUMBER] Then vide [CASE NUMBER] dated 22[CASE NUMBER]05[CASE NUMBER]2013, sanction had been accord to the grant of extension in favour of petitioner as I/C Deputy Medical Superintendent, Super Specialty Hospital, Jammu, till further orders or till the post is filled up through PSC/DPC, whichever is earlier[CASE NUMBER] By the same order, it has been further provided that the petitioner shall also have the powers to discharge the work assigned to the post of Medical Superintendent, Super Specialty Hospital, Jammu, in order to ensure smooth functioning of the Hospital on day to day basis[CASE NUMBER] Then again, vide [CASE NUMBER] dated 02[CASE NUMBER]01[CASE NUMBER]2014, sanction has been accorded for grant of charge allowance in favour of the petitioner[CASE NUMBER]
(f) All the aforesaid orders clearly indicate that there was nothing adverse against the petitioner[CASE NUMBER] Had there been anything adverse, then said orders would not have been issued by the Government in favour of the petitioner[CASE NUMBER]
24[CASE NUMBER] In the year 2014, vide [CASE NUMBER] dated 08[CASE NUMBER]01[CASE NUMBER]2014, petitioner had been transferred and directed to report to the Principal, Indira Gandhi Govt[CASE NUMBER] Dental College, Jammu[CASE NUMBER] Said order was challenged by him by medium of SWP [CASE NUMBER][CASE NUMBER]99/2014 wherein an interim stay was granted[CASE NUMBER]
25[CASE NUMBER] Again vide [CASE NUMBER] dated 24[CASE NUMBER]01[CASE NUMBER]2014, petitioner, on the ground of having signed MOU with IRCTC, had been suspended and a two member committee had been constituted for enquiry[CASE NUMBER] The said order was challenged by the petitioner by medium of [CASE NUMBER][CASE NUMBER] While considering the interim application, this Court in the order dated 28[CASE NUMBER]01[CASE NUMBER]2014 passed thereon, observed as under:
 This prima facie smack of mala fides in the bosom of someone who is against the petitioner and the petitioner is specific about it alleging mala fides against respondent [CASE NUMBER][CASE NUMBER]2 [CASE NUMBER] ([CASE NUMBER]te: Respondent [CASE NUMBER][CASE NUMBER]2 therein is respondent [CASE NUMBER][CASE NUMBER]4 here in this petition) Finally, said order of suspension was stayed[CASE NUMBER]
26[CASE NUMBER] It appears that the proactive approach of the petitioner in defending his rights and in discharge of his duties has given rise to malice against him[CASE NUMBER] The allegation, which also form one of the grounds for his premature retirement, is that his consistent conduct over a period of time does not enjoy good reputation in the public falls flat in the background of afore-
stated facts and circumstances, for want of material to support the same[CASE NUMBER]
27[CASE NUMBER] [CASE NUMBER]w coming to the contention of the petitioner that the respondent [CASE NUMBER][CASE NUMBER]4 was biased against him:
(a) Petitioner has claimed that while holding twin charge of Deputy Medical Superintendent and also Medical Superintendent, Super Specialty Hospital, Jammu, pursuant to the orders as referred to above, he was assigned the duties of [CASE NUMBER]dal Officer/General Manager, Kashmir division of J&K Medical Supplies Corporation under the orders of Honble Minister for Health and Medical Education[CASE NUMBER] Same was done in recognition of his honesty, merit, ability, suitability and reputation[CASE NUMBER] Petitioner accomplished the said assignment within a period of two months leading to inauguration thereof by the Health Minister on 01[CASE NUMBER]06[CASE NUMBER]2015[CASE NUMBER] It is also claimed that prior thereto, posting of two IAS officers in succession from 2013 as Managing Directors of the Corporation assisted by two General Managers (KAS officers) for the purpose of establishment of the Corporation was without any success[CASE NUMBER]
(b) Petitioner also accomplished the prestigious task of setting up of Super Specialty Hospital at Jammu within the targeted period of six months and its inauguration by then Honble Union Health Minister[CASE NUMBER] Assignment of multiple duties, accomplishment of the task of setting up Super Specialty Hospital and then its inauguration was not well taken by respondent [CASE NUMBER][CASE NUMBER]4, who at that time was posted as Commissioner/ Secretary to Govt[CASE NUMBER] Health and Medical Education Department, wherefrom ill will to harm the petitioner started[CASE NUMBER] It is only in that backdrop, petitioner was transferred from the position of Deputy Medical Superintendent, Super Specialty Hospital, Jammu, and was directed to report to Principal, Indira Gandhi Government Dental College, Jammu[CASE NUMBER]
28[CASE NUMBER] Learned counsel for the petitioner highlighted that the aforesaid proactive approach of the petitioner by no stretch of imagination could be said to be against the public interest so as to persuade the authorities to say that in the public interest, petitioner is prematurely retired in terms of [SECTION] of the [ACT][CASE NUMBER] [CASE NUMBER] ground whatsoever was available to the respondent-authorities for ordering premature retirement of the petitioner[CASE NUMBER]
29[CASE NUMBER] Applying [SECTION] of the [ACT] as well as the norms adopted by the Committee while considering the cases for premature retirement, case of the petitioner, for the stated reasons and facts, does not fall within the ambit so as to persuade the Committee to recommend his premature retirement[CASE NUMBER]
30[CASE NUMBER] Another strange situation is that the APRs of the petitioner were said to be incomplete[CASE NUMBER] Why it has been so, why APRs were not written, what could be the reason for not recording APRs when as per norms requirement is to consider at least five years APRs, why instructions as form Annexure-I to Govt[CASE NUMBER] order [CASE NUMBER][CASE NUMBER]1311-GAD of 2001 dated 09[CASE NUMBER]11[CASE NUMBER]2011 have not been followed in maintaining APRs of the petitioner, are the questions which have remained to be answered[CASE NUMBER] The whole service record of the petitioner was required to be looked into[CASE NUMBER] In this connection, it will be quite relevant to notice as to what the petitioner has said which has not been controverted:
(i) The petitioner initially, after a full dress process of selection, was appointed in the Directorate of Health Services, Jammu, in the year 1990, served as Medical officer, Govt[CASE NUMBER] Clinic, Jammu, w[CASE NUMBER]e[CASE NUMBER]f 24[CASE NUMBER]01[CASE NUMBER]1990 to 01[CASE NUMBER]01[CASE NUMBER]1992 followed by his posting as Medical Officer, ICDS, Banihal from 16[CASE NUMBER]05[CASE NUMBER]1992 till 05[CASE NUMBER]05[CASE NUMBER]1993[CASE NUMBER]
(ii) In the year 1993, while receiving threatening to his own life and his family, particularly in the face of kidnapping of his minor daughter by some unknown gunmen, he had availed leave w[CASE NUMBER]e[CASE NUMBER]f[CASE NUMBER] May, 1993[CASE NUMBER] On such basis he had sought posting at Jammu so as to enable him to evade the consequences of threat but his request was not acceded to, therefore, for safety and for earning livelihood, he was constrained to take foreign assignment at Kingdom of Saudi Arabia along with his wife where he and his wife remained in employment at Armed Forces Hospitals and leading hospitals as [CASE NUMBER]n-Resident India (NRI) for a period of ten years but has been insisting respondent-authorities to post him at Jammu which could not fructify[CASE NUMBER] Finally, services of the petitioner and his wife were terminated but after considering their request in terms of [CASE NUMBER] dated 07[CASE NUMBER]04[CASE NUMBER]2000, he along with his wife were allowed re-join the department as fresh appointees as Assistant Surgeons and were posted at SDH, Gandoh Doda[CASE NUMBER] In effect, was a fresh appointee in view of his fresh appointment w[CASE NUMBER]e[CASE NUMBER]f[CASE NUMBER] the year 2003[CASE NUMBER]
(iii) The position about threat perception, as projected by the petitioner, is certified by DIG, Security, J&K, [PRECEDENT], vide his [CASE NUMBER][CASE NUMBER]248/PA/DIG(S) dated 19[CASE NUMBER]05[CASE NUMBER]2003[CASE NUMBER] The certificate so issued reads as under:
TO WHOM IT MAY CONCERN:
It is certified that Doctor [ENTITY] during his posting in Banihal has invited wrath of militants because of his non co-operation with them and not sponsoring their cause[CASE NUMBER] The doctor had to leave the place under severe threat to his life from the militant organizations of the district Doda[CASE NUMBER] [CASE NUMBER]w as per the available intelligence reports he is still facing threat from such militants and their groups active in the district Doda[CASE NUMBER]
31[CASE NUMBER] The Honble Apex Court in the judgment rendered in the case of S[CASE NUMBER] Ramachandraraju v[CASE NUMBER] [ENTITY] of Orissa, 1994 Legal Eagle (SC) 757, while relying on its earlier decisions in Syam Lal v[CASE NUMBER] [ENTITY] of UP, (1995) ISCR 26, AIR 1954 SC 369, [PRECEDENT]; [PRECEDENT]; and [PRECEDENT] has held as under:
9[CASE NUMBER] It is thus settled law that though the order of compulsory retirement is not a punishment and the government employee is entitled to draw all retiral benefits including pension, the government must exercise its power only in the public interest to effectuate the efficiency of the service[CASE NUMBER] The dead wood need to be removed to augment efficiency[CASE NUMBER]
Integrity in public service need to be maintained[CASE NUMBER] The exercise of power of compulsory retirement must not be a haunt on public servant but must act as a cheek and reasonable measure to ensure efficiency of service and free from corruption and incompetence[CASE NUMBER] The officer would live by reputation built around him[CASE NUMBER] In an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service[CASE NUMBER] But his conduct and reputation is such that his continuance in service would be a menace in public service and injurious to public interest[CASE NUMBER] The entire service record or character rolls or confidential reports maintained would furnish the back drop material for consideration by the Government or the Review Committee or the appropriate authority[CASE NUMBER] On consideration of the totality of the facts and circumstances alone, the government should form the opinion that the government officer needs to be compulsorily retired from service[CASE NUMBER] Therefore, the entire service record more particular the latest, would form the foundation for the opinion and furnish the base to exercise the power under the relevant rule to compulsorily retire a government officer[CASE NUMBER] When an officer reaching the age of compulsory retirement, as was pointed out by this Court, he could neither seek alternative appointment nor meet the family burdens with the pension or other benefits he gets and thereby he would be subjected to great hardship and family would be greatly effected[CASE NUMBER] Therefore before exercising the power, the competent appropriate authority must weigh pros and cons and balance the public interest as against the individual interest[CASE NUMBER] On total evaluation of the entire record of service if the government or the governmental authority forms the opinion that in the public interest the officer needs to be retired compulsorily, the court may not interfere with the exercise of such bonafide exercise of power but the court has power and duty to exercise the power of judicial review not as a court of appeal but in its exercise of judicial review to consider whether the power has been properly exercised or is arbitrary or vitiated either by malafide or actuated by extraneous consideration or arbitrary in retiring the government officer compulsorily from service[CASE NUMBER] (Emphasis supplied)
32[CASE NUMBER] It shall be quite relevant to quote Para 27 of the judgment rendered by the Honble Apex Court in [ENTITY] of Gujarat and anr[CASE NUMBER] v[CASE NUMBER] Suryakant Chunilal Shah, (1999) 1 SCC529:
27[CASE NUMBER]The whole exercise described above would, therefore, indicate that although there was no material on the basis of which a reasonable opinion could be formed that the respondent had outlived his utility as a Govt[CASE NUMBER]
Servant or that he had lost his efficiency and had become a dead wood, he was compulsorily retired merely because of his involvement in two criminal case pertaining to the grant of permits in favour of take and bogus institutions[CASE NUMBER] The involvement of a person in a criminal case does not mean that he is guilty[CASE NUMBER] He is still to be tried in a court of law and the truth has to be found out ultimately by the court where the prosecution is ultimately conducted[CASE NUMBER] But before that stage is reached, it would be highly improper to deprive a person of his livelihood merely on the basis of his involvement[CASE NUMBER] We may, however, hasten to add that mere involvement in a criminal case would constitute relevant material for compulsory retirement or not would depend upon the circumstances of each case and the nature of offence allegedly committed by the employee[CASE NUMBER] (Emphasis supplied)
33[CASE NUMBER] An officer or an official when exhibits indolence, adopts corrupt practice much to the annoyance of general public and to the annoyance of smooth functioning, stringent action is imperative[CASE NUMBER] The [ENTITY] Government has ample powers to deal with such persons with iron hand[CASE NUMBER] Corruption, a dangerous evil, breeds social disturbances, negates the concept of morality and impinges upon the smooth functioning to the utter sufferance of the public and bad consequences to the Government in executing laudable welfare measures[CASE NUMBER] Inefficiency, indolence and corruption are totally unbearable[CASE NUMBER] Corruption has assumed the character of a dangerous crocodile[CASE NUMBER] Such a crocodile has to be poisoned i[CASE NUMBER]e[CASE NUMBER] to be legally thrown out[CASE NUMBER]
34[CASE NUMBER] Tough approach in dealing with the officers/officials who would become parasite has no substitute but in the name of corruption and indolence, an officer/official cannot be subjected to un-necessary hardships[CASE NUMBER] For weeding out such elements, the norms and regulations have to be scrupulously followed[CASE NUMBER] The action must not appear to be arbitrary and must not appear a targeted one[CASE NUMBER] The measures taken or as may be taken, rules framed, regulations formulated and will to iron out hiccups for showing exit door to the officers/officials who are corrupt, indolent and inefficient is appreciable[CASE NUMBER] An appreciable action can be more appreciable when such elements are shown exit only on the basis of material suggesting something attributable to such type of officer/official[CASE NUMBER] Exercise in this regard should not be undertaken simply to give an impression that the inefficient and corrupt are shown exit[CASE NUMBER] Such action must stand the test of judicial scrutiny otherwise it would amount to nothing but to supplant a proverb Much ado about nothing[CASE NUMBER] Same is apt to be observed in the case in hand[CASE NUMBER]
35[CASE NUMBER] In the stated facts, circumstances and law coupled with the norms, a fair exercise has not been undertaken, that too by a high level constituted committee[CASE NUMBER] Act of the Committee should not have been hasty as haste makes the waste[CASE NUMBER] That I may say is quite apposite to be said vis-`- vis case of the petitioner[CASE NUMBER] The grounds made base for premature retirement of the petitioner, as referred to above, are not supported by any material whereas the petitioner has in categorical terms made his position clear vis- `- vis all grounds which position has not been refuted nor any material to controver the same has been placed on record[CASE NUMBER]
36[CASE NUMBER] The power vested with the authorities has to be exercised judiciously with great caution[CASE NUMBER] Same must not suffer from any arbitrariness[CASE NUMBER] In the context of the present case, if the petitioner would have been a corrupt person, then at least some case would have been registered against him, some administrative action would have been taken against him coupled with the fact that he should not have been given important assignments[CASE NUMBER] Therefore, no option but to concluded that the order of premature retirement bearing [CASE NUMBER][CASE NUMBER]858-GAD of 2015 dated 30[CASE NUMBER]06[CASE NUMBER]2015 against the petitioner, by no stretch of imagination is sustainable[CASE NUMBER]
37[CASE NUMBER] Viewed thus, petition allowed[CASE NUMBER] Impugned order bearing [CASE NUMBER][CASE NUMBER] [CASE NUMBER][CASE NUMBER]858-GAD of 2015 dated 30[CASE NUMBER]06[CASE NUMBER]2015 is quashed[CASE NUMBER] Respondents are directed to take petitioner back into service and to grant him all consequential benefits[CASE NUMBER]
38[CASE NUMBER] Petition succeeds, shall stand disposed of as above along with connected CMP[CASE NUMBER]
([ENTITY]) Judge [PRECEDENT] 27[CASE NUMBER]06[CASE NUMBER]2016 [ENTITY]