Excelsior Correspondent
JAMMU, Feb 16: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Rajesh Sekhri has modified the judgment of writ court whereby pre-mature retirement of Ashok Gupta, the then Tehsildar Kathua and Hira Lal Pandita, the then Sub Officer (M) Fire & Emergency Services was quashed and directed that petitioners would be reinstated only if they are exonerated from the charges leveled against them.
While hearing two different LPAs against of judgment and order dated 16.08.2018 delivered by the Single Judge in SWP No.2579/2016 whereby the Single Judge, while allowing the writ petition, quashed the order, bearing No.1273-GAD of 2016 dated 21.11.2016 compulsory retiring the writ petitioner Hira Lal Pandita from service in public interest with effect from 22.11.2016 in exercise of powers under Article 226(2) of the Jammu and Kashmir Civil Services Regulations and the judgment and order dated 24.11.2016 delivered by the Single Judge in SWP No. 1662/2004 whereby the Single Judge, while disposing of the writ petition, quashed the impugned order, bearing No.1261-GAD of 2004 dated 20.09.2004 compulsory retiring the writ petitioner Ashok Gupta from service with effect from 21.09.2004 in exercise of powers under Article 226(2) of the Jammu and Kashmir Civil Services Regulations.
After hearing AAG Raman Sharma for the State, the DB observed, “the reinstatement of writ petitioner Ashok Gupta shall be subject to outcome of criminal proceedings pursuant to registration of FIR No.21/200”, adding “the judgment of single Judge is, accordingly, modified”.
“The appeal as such is disposed of along with connected CM/IAs, if any. However, as regards pendency of case against the writ petitioner before the concerned Anti Corruption Court pursuant to registration of FIR No.21/2003, it is directed that the concerned court shall conclude the trial, if not already concluded, positively within a period of six months from today without any excuse without being influenced from any of the observations and, if need arises, fix the hearing twice in a week”, the DB directed.
In another case of Hira Lal Pandita, DB, after hearing AAG Amit Gupta for the State, observed, “although the practice followed by the Government in directing compulsory retirement of writ petitioner pursuant to registration of FIR No.27/2014 was completely unwarranted because that would violate the basic maxim of ‘innocent until proved guilty’, yet this court cannot lose sight of the fact that the writ petitioner was allegedly caught red handed while demanding and accepting bribe of Rs.17000/- in lieu of NOC for storage and sale of crackers, which fact the writ petitioner had not specifically denied in the writ petition”.
“Tt is held that the reinstatement of writ petitioner shall be subject to outcome of criminal proceedings pursuant to registration of FIR No.27/2014. The judgment of Single Judge is, accordingly, modified”, the DB said.
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