NDLI: The State of Jammu and Kashmir and Ors. Vs. Farid Ahmad Tak

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	FIR Compulsory retirement Service Law demand and acceptance of bribe
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Service Law: Compulsory retirement – Justifiability of – Respondent official compulsorily retired by State in terms of Art. 226(2) of Service Regulations – On the basis of registration of an FIR alleging demand and acceptance of bribe – Challenged by filing writ petition – Single Judge of High Court allowed the petition, holding that the decision to compulsorily retire the Respondent was taken merely on basis of FIR without taking into account APRs of Respondent and further norms for arriving at decision with regard to integrity of Respondent were not followed – Order of Single Judge confirmed by Division Bench of High Court – On appeal, held: Respondent was never caught red-handed while accepting bribe but the Division Bench considered the matters on that premise, which was incorrect – The matter was also not considered from the perspective of Clause (iv) of Art. 226(2) of Service Regulations – Therefore, matters remitted to High Court for consideration afresh – Jammu and Kashmir Civil Services Regulations – Art. 226 (2).
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 617
Petitioner	The State Of Jammu And Kashmir And Ors.
Respondent	Farid Ahmad Tak
SCR	[2019] 7 S.C.R. 1
Judgement Date	2019-05-02
Case Number	4563

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The State of Jammu and Kashmir and Ors. Vs. Farid Ahmad Tak

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