M K Hanjura, J. - (1.)The entire gamut of the controversy raised here in this petition revolves round the plea whether the Government order bearing No. 1279-GAD of 2016 dated 21st of November, 2016, issued by the Government of Jammu and Kashmir, in exercise of powers conferred by Article 226(2) of the Jammu and Kashmir Civil Services Regulations, whereby notice was given to the petitioner, namely, Shri Noor-ud-Din Wani, I/C SMC (RL), Srinagar, of the Agricultural Production Department, to the effect that he having already rendered 32 years of service, shall retire from service w.e.f. the forenoon of the 22nd day of November, 2016, can withstand the test of judicial scrutiny.
(2.)The pith and core of the petition of the petitioner is that during the entire tenure of his service, he worked with great deal of honesty and dedication at different places of posting and, at the relevant point of time, i.e. the day when the order aforesaid was issued, he was holding the post of SMC (RL), Srinagar, in the Agriculture Production Department. His past Service carrier is unblemished and he has, all along, been given various promotions on the basis of his suitability, merit and excellent service record. In the year 2009, a false and frivolous FIR bearing No. 19/2009 was lodged by the Vigilance Organization, Kashmir with which the investigations commenced. In the said FIR, it is alleged that the petitioner, as the District Agricultural Officer, Pulwama, in the year 2002, purchased 'Hybrid Sudan Grass' seeds on highly exorbitant rates and supply orders were placed with one M/S Garnier Seeds Delhi for supply of 30.5 quintals of these seeds. It is also alleged that the petitioner has dishonestly released payment in favour of M/S Farm seeds. The said FIR is pending investigation before the Vigilance Organization for the last five to six years and the same is also the subject matter of challenge before this High Court. The Respondent Department, instead of contesting the said proceedings, issued the order impugned in the writ petition, whereby the retirement of the petitioner was ordered under Article 226(2) of the Jammu and Kashmir Civil Services Regulations.
(3.)The Respondents have resisted and controverted the petition of the petitioner, on the grounds, inter alia, that the Government has to perform a multitude of tasks in order to implement various welfare measures of public interest, and the paramount aim is of providing clean and effective administration to the people of the State. In order to make the administration effective, a periodic review of all Officers is taken up by the Government, the aim and object being to encourage honest and efficient Government servants and, simultaneously, to weed out the inefficient and corrupt officers from the services in the public interest. Whileas, various incentives and awards are given to honest and efficient officers/officials, recourse is taken to the provisions of Article 226 (2) and (3) of the Jammu and Kashmir Civil Services Regulations, 1956, for the removal of such Government officials from the State services, who have become deadwood on account of their indulging in inefficient and corrupt practices. The order of compulsory retirement passed in the case of the petitioner is based on the object of weeding out the deadwood from the State services. Article 226 (2) of the Jammu and Kashmir Civil Services Regulations is designed to infuse the administration with initiative for better administration and for augmenting the general efficiency so as to meet the expanding horizons and cater to the new challenges faced by the State to provide sensitivity, probity, non-irritative public relation and enthusiastic creativity, which can be achieved by eliminating the deadwood. In order to consider the case of the petitioner for compulsory retirement, under and in terms of Government order bearing No. 17-GAD (Vig) 2015 dated 20th of May, 2015, sanction was accorded to the constitution of a Committee to consider the cases of the Officers/ officials for compulsory retirement. The record regarding the involvement of the petitioner in corrupt practices was placed before the Committee. In addition, the cases, in which FIRs have been lodged and are under probe, were also placed before the Committee, including FIR No. 19/2009 registered by the Vigilance Organization, Kashmir for the commission of offences punishable under Section 5(1) (d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 and Section 409, 468, 471, 120-B of the RPC. The Committee observed that the petitioner is involved in the FIR aforesaid with regard to purchase of 'Hybrid Sudan Grass Seed' at highly exorbitant rates. It is stated that the investigation conducted revealed that as part of a criminal conspiracy, the petitioner released the payment in favour of the supplier at a highly exorbitant rate of Rs. 225/- per kg as against the prevailing highest market rate of Rs. 45/- per kg and, that too, before the issuance of the supply order, with a view to confer undue benefit on him and the supplier firm, which carried a corresponding loss of Rs. 5,25,875/- (Rupees Five Lakhs Twenty-Five Thousand Eight Hundred and Seventy Five) to the State exchequer. The investigation also revealed that the petitioner, as District Agriculture Officer Pulwama, with ulterior motives, did not even get the seed germination/ purity tests conducted before making payments. The Committee having regard to the complaints/ FIRs filed against the petitioner opined that the petitioner has indulged in corrupt practices and has been involved in several illegal acts during his service tenure, thereby substantiating the fact he has outlived his utility as a Government servant. The Committee, therefore, recommended for the compulsoryretirement of the petitioner in public interest under Article 226(2) of the Jammu and Kashmir Civil Services Regulations. The recommendations so made were accepted by the Competent Authority, as a consequence of which, the impugned order was issued. It has been, accordingly, pleaded by the Respondent-State that the impugned order is legal. It is in accordance with law. The writ petition, as such, is legally misconceived, without any merit, and, in sequel thereto, merits dismissal.