- (1.)THE petitioner who was a patwari of Halqa Panjore, Tehsil Jammu, was compulsorily retired from service by the Go ­vernors order No. 63 -GR (AC)/67 dated 21 -12 -1967 which ran as follows: - "Subject: - Allegation of corruption against Shree Nand Lal Girdawar and Sukh Dev Singh, Patwari Circle Kana Check and Halqa Pinjore, Jammu. Reference: - Anti -corruption Commission (Non - Gazetted)s U. O. No. 223/49/65 dated 18 -10 -1967. ORDER NO: 63 -GR (AC)/67 DATED : -12 -12 -1967. Whereas allegations of corruption existed against Shree Sukh Dev Singh, Patwari. Halqa Pinjore, Jammu, in the manner that he in collaboration with Shree Nand Lal Girdawar Circle Kana Check collected Rs. 250/ - from the inhabitants of village Pinjore, Tehsil Jammu @ Rs. 5/ -per family on the understanding that he would get loans of Rs, 1000/ - per family as rehabilitation and economic loans sanctioned by the Government in their favour but he did not keep the promise; and Whereas an enquiry was held in respect of the said allegations by the Anti -Corruption Commission Non -Gazetted) constituted under the Jammu and Kashmir Government Servants Prevention of corruption (Com ­mission) Act, 1962; and Whereas the said Commission after hearing the evidence found that the afore -mentioned allegations are proved against Shree Sukh Dev Singh; and Whereas the Governor, after having considered the re ­port of the Commission arrived at a provisional conclusion that punishment of dismissal from service be imposed on the said Sh. Sukh Dev Singh; and Whereas the said provisional conclusion was intimated to the said Sh. Sukh Dev Singh and he was called upon to show cause why the said punishment of dismissal from Government service be not imposed on him; and Whereas the said Sh. Sukh Dev Singh has furnished his explanation. The Governor having considered the same has ordered that: - - i. Shree Sukh Dev Singh, Patwari Halqa Pinjore Jammu be retired compulsorily from Government service with immediate effect; and ii. the period of his suspension be treated as leave of whatsoever kind due to him. By order of the Governor. Sd/ - Secretary to Govt."
(2.)AFTER about two and a half years of the passing of the above mentioned order the Government passed Order No. Rev (A) EG -179of 1970 dated 25 -6 -1970 sanctioning grant of com ­pensation allowance in favour of the. petitioner in terms of Article 170 of the Jammu and Kashmir Civil Service Regulations, hereinafter referred to as the Regulations".
(3.)AGGRIEVED by the second order sanctioning compassionate allowance the petitioner filed the present writ petition under Article 32 (2 -A) of the Constitution of India as applied to the State J&K read with Section 103 of the Constitution praying that the order being illegal and opposed to the Kashmir Civil Service Regulations be quashed and the respondent be directed to determine his pension in accordance with Article 226(2) of the Regula ­tions.
A notice in regard to this petition was given to the respon ­dent. In the return filed in opposition to the petition it has been averred that the charge of corruption having been held to be es ­tablished against the petitioner by the Anti -Corruption Commis ­sion (Non -Gazetted), the petitioner was removed from service after he had put in 14 years of service, that the appropriate Articles of the Regulations applicable to the case was article 170 and the impugned order was rightly passed. The petition which initially came up for hearing before one of us has been referred to this bench as it. involved an important question relating to the interpretation of the Regulations.