Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act, 1976--- ---S.12(9i)--Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977--Procedure--Charge against officer falling within ambit of Efficiency and Discipline Rules--Summary procedure under S.12 of Civil Servants Act, 1976 should not be resorted to in such case--Show-cause notice, however, was not necessary in case of retirement simplicitor under S.12(ii) of Civil Servants Act, 1976, nor is an enquiry or a charge-sheet a prerequisite for such an action. (b) Azad Jammu and Kashmir Service Tribunals Act, 1975--- ---S.4--Azad Jammu and Kashmir Civil Servants Act, 1976, S.12(ii)--Retirement on completion of 25 years service--Jurisdiction of Tribunal--Mala fides--Jurisdiction of Tribunal, held, was not barred in cases of mala fide or colourable exercise o jurisdiction--Chief Executive having developed suspicion about involvement of appellant in misappropriation of foodgrain in Food Department removing him from post of Secretary and posting him as O.S.D.--Reports submitted later by Secretary Food, Chief Secretary and Inspection Team although exonerating appellant, yet authority apparently not becoming clear about him, retiring appellant from service under provisions of S.12(ii) of Civil Servants Act, 1976--Evaluation of record in form of A . C . Rs . showing that, except two or three entries about his slackness in work during early period of service, appellant was honest and good officer, and enjoyed good reputation and his experience of work, behaviour and dealing had been admired ,by Chief Secretaries and Chief Executive an all reports upto 1981--Retirement of appellant on basis of his service record not found to be in public interest but some outside factors based on motivated complaints, influencing mind of authority in reaching decision regarding his retirement--Chief Executive having developed suspicion about appellant's involvement in corrupt practice or misappropriation, proper course was to charge-sheet him so that he could defend himself if it was not deemed advisable, Chief Executive should have taken reports of Secretary Food, Chief Secretary and Inspection Team into…

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