The State Of Jammu And Kashmir vs Farid Ahmad Tak

3. The appeal arising out of decision in LPASW No. 182 of 2017 is taken as the lead matter and the facts leading to said appeal are mentioned in detail.

5. On 20.5.2015 a Committee comprising of Chief Secretary – Government of J&K, Principal Secretary to the Chief Minister, Principal Secretary to the Government – Home Department, Commissioner/Secretary to the Government – General Administration Department and Secretary to the Government – Department of Law Justice & Parliamentary Affairs was constituted under the orders issued by the Commissioner/Secretary to Government, General Administration Department, Government of Jammu and Kashmir. In terms of Article 226(2) and 226(3) of Jammu and Kashmir Civil Services Regulations (for short ‘the Regulations’) cases of officials for premature retirement were placed before the Committee. The Committee held meetings on 21.5.2015, 11.6.2015 and 26.6.2015 and considered cases of Civil Appeal No. …….. of 2019 @ SLP(C)NO. 29252 OF 2018 ETC. The State of Jammu and Kashmir and Ors. vs. Farid Ahmad Tak 3 officers/officials including the respondent. Insofar as the case of the respondent was concerned, the Report of the Committee stated as under:-

The Committee took note of the fact that the officer while holding a post in Power Development Department, indulged in corrupt practices and caused loss to the State exchequer by fraudulent means, thereby, substantiating the fact that he has outlived his utility to the public. Since, the officer is generally known to have bad reputation and embezzled Government money by misusing and abusing his official position, and under a conspired plan, dishonestly prepared fraudulent bills on the basis of false/excessive measurements thus caused loss to the State exchequer, therefore, it is recommended that Mr. Fareed Ahmad Tak be retired from the Government Service in the public interest, under Article 226(2) of J&K CSRs. It is further recommended that Mr. Fareed Ahmad Tak be given three months pay and allowances in advance, as admissible, in lieu of the notice.”

15. It is true that the exercise of power under aforesaid Article 226(2) of the Regulations by the very same Committee did not meet with the approval, and the Division Bench in certain cases did reject the plea of the State Government, and affirmed the orders passed by the Single Judge setting aside the orders of compulsory retirement. It is also true that in those matters Special Leave Petitions were dismissed summarily. However, it is well settled that mere summary disposal of a Special Leave Petition does not conclude the issue on merits3.

16. The aforesaid two features are common in all these three matters. The basic premise, as indicated hereinabove, on the basis of which the matter was considered by the Division Bench was incorrect and secondly, the matter was also not considered from the perspective of Clause (iv) of Article 226(2) as stated above. We, therefore, set aside the judgments and orders under appeal passed by the Division Bench of the High Court in LPASW Nos.182 of 2017, 159 of 2017 and 180 of 2017. The matters are remitted to the Division Bench for fresh consideration. These Letters Patent Appeals stand restored to the file of the High Court which may now be dealt with afresh.

17. The appeals are allowed to the aforesaid extent. No costs.