Decided on August 04,1993

V P Modi Respondents


GUPTA, J. - (1.)THIS appeal under clause -12 of the Letters patent has been preferred by the state of J&K against respondent Shri V.P. Modi, Ex -General Manager, J&K Forest Corporation against the judgment dated June 10, 1987 passed by a learned Single Judge of this court (ML. Bhat J) in WP No.1205/86.
(2.)RESPONDENT , who had filed writ petition out of which present appeal arises, was working in the Forest Department of Jam nu & Kashmir Govt. and came to be appointed as an Assistant conservator of Forest in October 1962. In July 1986, while he was serving as a General Manager in the J&K. State Forest Corporation, (the post of General Manager in the Corporation being equivalent to that of Conservator of forest in the Government), Govt. order No. 947 -GR of 1986 dated 31 July 1986 came to be passed by the Govt. of Jammu & Kashmir (General Department) whereby, in exercise of the powers conferred upon the Government, under Article 226 (2) of the J&K Civil Service Regulations, the petitioner was retired compulsorily from service of the Govt. with effect from afternoon of 31st July 1986. In this order, it was also mentioned that he would be allowed three months pay and allowances in lieu of notice of three months. This order, however, was followed on the same date by another order bearing Govt. order No. 947 (a) GR of 1986 dated 31.7.1986 it self whereby for the words "attained 48 years of age". the words "completed 22 years 44 completed six monthly periods of qualifying service," were substituted. Respondent -writ petitioner challenged these two orders in the writ petition. Vide the impugned judgment, respondents writ petition was allowed and by issuance of writ of Certiorari, both the aforesaid orders were quashed by the learned single Judge as being unconstitutional and illegal with directions that the respondent would be entitled to be re -instated to the post which he held as on the date of the passing of the impugned orders, i.e; 31st July 1986. He was also held entitled to cost assessed at Rs. five hundred.
(3.)MR . R. C. Gandhi, learned Addl. Advocate General submitted that the learned Single Judge committed material irregularity in allowing the writ petition.
According to him, a Committee of three persons was constituted by the then Governor of the State and it was on the recommendation of this Committee that the petitioner was ordered to be compulsorily retired. The Committee constituted by the Governor consisted of his two Advisors at that time namely Shri Niresh Chandra Chairman of the Committee) and Shri J.M. Qureshi the Member. Apart from these two Advisors, the then Chief Secretary to the Government, Sh. R. K. Takkar was the 3rd member. The report was, however, submitted by Shri B.K. Goswami, who it appears in the meanwhile had replaced Shri R. K. Takkar as the Chief Secretary. The relevant portion of the report of the Committee may be reproduced as under: -

The Committee appointed by the Governor under his orders dated 31.3.1986 met on April 29, 1986. It considered the personal records of Shri V. P. Modi, Divisional Forest Officer and recommended his retirement in terms of Article 226(2) of J&K. Civil Service Regulations."

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