NDLI: Rajesh Gupta Vs. State of Jammu and Kashmir and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Retirement Service Law
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law - Retirement - Premature retirement - Jammu and Kashmir Public Service Commission - Appellant, an Executive Engineer in the Rural Engineering Wing ('REW') - Allegation that he possessed assets disproportionate to his known sources of income and that he had issued back dated technical sanctions to some departmental works and passed bills and estimates in respect thereof - High Powered Review Committee constituted by State Government to consider cases of officers/officials for premature retirement in terms of Articles 226(2) and 226(3) of the Jammu and Kashmir Civil Services Regulations - Based upon the recommendations made by the said Committee, order passed by respondent-State Government prematurely retiring the appellant from service - Writ petition filed by appellant - Dismissed by Single Judge of High Court - Division Bench affirmed the order - On appeal, held: Recommendation made by the High Powered Review Committee was indubitably arbitrary - There was no material before the Committee to conclude that appellant possessed assets beyond his known source of income - In regard to a/legation with regard to issuance of back dated technical sanctions, at best the appellant acted in a casual and haphazard manner in the maintenance of records - Such negligence on the part of appellant cannot per se lead to the conclusion that the appellant was acting in such a manner with an ulterior motive - Conclusions reached by High Powered Committee also did not co-relate to the assessment of work and integrity of the appellant in the annual performance report - In all annual performance reports, the appellant was rated 'very good', 'excellent' and even 'outstanding' - Order passed by the State Government suffered from vice of arbitrariness - Impugned order of premature retirement of the appellant quashed and set aside - Since appellant still not reached the age of superannuation, direction given for his reinstatement - However, as appellant had not challenged the order of premature retirement on the ground that the action taken by the Government was malafide, it would not be appropriate in this case, to follow the normal rule of grant of full backwages on reinstatement - Direction given that the appellant shall be paid 30% of the backwages from the date of order of premature retirement till reinstatement - He shall not be entitled to any interest on the back wages - Upon reinstatement, it shall be open to the Government to post the appellant on a non- sensitive post in view of the background of the case - Jammu and Kashmir Civil Services Regulations, 1956 - Article 226(2) and 226(3).
Judge	N/A
Neutral Citation	2013 INSC 55
Petitioner	Rajesh Gupta
Respondent	State Of Jammu And Kashmir And Others
SCR	[2013] 1 S.C.R. 557
Judgement Date	2013-01-23
Case Number	952

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