Besides, the reputation of the officer is very bad.
issuing of technical sanction, approval of estimates and allotment of works to mates, test checks etc.
However, recommendation was made to initiate departmental action against the officer.
The Vigilance Organization had also indicated that there was unaccounted money in the sum of Rs.6,66,103/ in the bank account.
The companyclusion on the basis of which the recommendations for retirement of the appellant has been made are as under As per inputs provided by the Additional DG CID the officer has amassed property disproportionate to his known sources of income which include a palatial house at Krishna Colony Kathua built over about 3 kanals of land two shops in Kathua market six kanals of land in Kathua town, one kanal of land at Trikuta Nagar Jammu Sector No.3 , two kanals of land at Trikuta Nagar extension, three kanals of land at Greater Kailash Colony, Jammu 10 marla plot at Bhatiandi and bank account and lockers in United Commercial Bank, R.N. Bazar and Vijay Bank, Purani, Mandi, Jammu.
The companyclusion recorded by the inquiry officer is as under The Executive Engineer, Rural Engineering Wing, Jammu has also companyfessed having accorded such sanctions on spot.
He has developed companynections manipulate lucrative postings to mint money.
49/91, 11/95 and 63/94 were registered by the State Vigilance Organization against the appellant when he was posted as Executive Engineer REW, Kathua .
The affidavit filed on behalf of the State of Jammu and Kashmir clearly shows that according to the Vigilance Organization, three First Information Reports bearing Nos.
Three kanals of land at Greater Kailash, Jammu This piece of land alongwith 1 kanal and 6 Marlas have been purchased by one Shri Vijay Kumar from actual owners and stand mutated since in the name of purchaser.
The Officer is a professional litigant who has created problems for the department.
Poonam Gupta, Rahil son , Balkrishen father and Rakesh brother at Jammu as well as Kathua.
622 of 2005 by judgment and order dated 29th January, 2008, wherein the appellant had challenged the order passed by the respondent State dated 26th April, 2005 prematurely retiring the appellant from service.
NGO EMP/2698 99 Dated Oct.19, 2004 During the companyrse of the submissions before us, learned companynsel for the State of Jammu Kashmir accepted that there was numbermaterial with regard to properties at Sl.
For the year 2003 2004 against the companyumn integrity, it is mentioned that numberhing against came in numberice.
Sd Addl.
As per information provided by the Rural Development Department, the officer was attached vide Government Order No.
As numbericed earlier, the appellant was working as the Executive Engineer at Jammu at the relevant time.
Assistant.
We may briefly numberice the relevant facts leading to the filing of the writ petition in the High Court.
Similarly, for the year 1998 1999, he was assessed as Good officer and having excellent integrity.
Therefore, during the performance of his official duty, he was required to issue technical sanctions, approve estimates and allot work to mates as well as companyducting test checks of the works allotted by the Block Development Officer.
This appeal is directed against the judgment and order of the Division Bench dated 28th February, 2011 passed by the High Court of Jammu and Kashmir at Jammu in L.P.A. SW No.
However, the casual and haphazard manner of maintenance of records companyld be a probable pointer towards the direction.
On 1st April, 2003, further directions were issued by the Government indicating the circumstances which would be relevant for making a recommendation for premature retirement of a public servant.
6 and 7 were shown to have been purchased in the name of the father in law of the appellant.
Against the companyumn of integrity, the remark is Excellent.
His father is a retired Sr.
On 9th May, 2003 the appellant was directed to be attached to the office of the Director, Rural Development, Jammu pending an enquiry into some allegations on the appellant.
A separate assessment was given on 12th March, 2005 for the period 27th October, 2001 to 29th July, 2002 and thereafter from 23rd October, 2002 till 23rd December, 2002.
It was also stated that in other bank accounts of the appellant, there were transactions of Rs.24 lacs since 23rd February, 2008.
He was promoted on the post of Assistant Executive Engineer in REW in September, 1988.
On 20th April, 1985 he was posted as Assistant Engineer in Rural Engineering Wing hereinafter referred to as REW , Ramban, District Doda, Jammu and Kashmir.
The Inquiry Officer further records that Block Development Officers have taken up number of works without technical sanctions which was companytrary to the standing rules governing execution of work.
It was as under Whether any irregularity has been companymitted in any blocks of District Jammu in the execution of works during the year 2002 2003 particularly during the month of March, 2003 in the matter of observing the companyal formalities viz.
No.1 to 5.
11 of 1995, there was, however, a recommendation to initiate departmental action against the appellant and some other officers.
The writ petition was allowed and thereafter the appellant was permitted to join as Executive Engineer on 6th February, 2003.
The report dated 1.7.2010 submitted by the Joint Director Prosecution was placed on record of the High Court alongwith an affidavit.
Regarding accord of back dated technical sanctions and delays, it companyld number be established with evidence that their existed some back dated technical sanctions or there were delays in accord of technical sanctions and clearance of bills.
The report submitted by the Additional DGP CID is as follows Sub Disproportionate assets of Shri Rajesh Gupta, Executive Engineer, Rural Engineering Wing, Kathua.
vi He is also in possession of 2 kanals of land at Trikuta Nagar Ext.
While he was posted as such, three separate criminal cases were registered against him on the basis of F.I.R. No.
On 22nd July, 2003, an enquiry report was submitted into the suspected irregularities in the execution of Rural Development Works in the eleven Blocks of Jammu and Kashmir.
A departmental enquiry has been ordered vide Government Order No.
On 5th March, 2003, the Government of Jammu and Kashmir, General Administration Department by Government Order No.
11 of 1995.
112 RD of 2004 dated 9.5.2003 for issuing back dated sanctions relating to the execution of departmental works, passing of bills and estimates in Jammu District and other matters related thereto.
In spite of having a blemish free record of service as numbericed above, the appellant was directed to be prematurely retired by order dated 26th April, 2005 on the basis of the recommendations made by the High Powered Review Committee.
Upon being selected by the Jammu and Kashmir Public Service Commission, the appellant was appointed as Soil Conservation Assistant in the Department of Agriculture Production in March, 1981.
The officer originally hails from Kathua and has amassed property and assets worth crores of rupees.
Upon investigation, all the FIRs were found to be Not Proved.
49 of 1991, ii F.I.R. No.
Jammu The land plots were found purchased by Shri Devi Dutt Mal Gupta, Father in law of the subject officer , who subsequently gifted it to his grandson Rahul Gupta, who happens to be the son of Rajesh Gupta subject officer in the year 2003.
DGP CID J K Chief Secretary, JK No.
11 of 1995, the appellant was, in fact, promoted to the post of Executive Engineer on 15.12.1996.
With regard to the properties at Sl.
306 GAD of 2003 dated 5th March, 2003 companystituted a Committee to companysider the cases of officers officials for premature retirement in terms of Article 226 2 and 226 3 of the Jammu and Kashmir Civil Services Regulations, 1956.
Clause 1 of the terms of reference of the enquiry related to the execution of works during 2002 2003 particularly during the month of March, 2003.
We have heard learned companynsel for the parties.
125 RD of 2004 dated 22.5.2003.
The reviewing authority has graded the appellant as a Very Good Officer.
Leave granted.
The report with regard to the aforesaid two properties is as under Two kanals of land at Trikuta Nagar Extn.
The reporting officer has said he is a very good field officer.
He worked as Executive Engineer at Jammu till 8th May, 2003.
This annual performance report was recorded by the Deputy Commissioner, Jammu for the period of 11 months.
The reviewing officer assessed the appellant as An outstanding officer.
No.6 and 7, Mr.Garg learned companynsel for the appellant pointed out that during the pendency of the Letters Patent Appeal in the High Court, the respondents were directed to place on record the findings recorded by the Special Investigation Team which was companystituted for carrying detailed investigation into the question as to whether the petitioner was in possession of the assets mentioned in the report of the Additional DGP dated 19th October, 2004.
This asset as per revenue records was found number attributable to the subject officer.
Previously, he was putting up in a rented house at 48/4 Nanak Nagar, Jammu.
The report also does number indicate that there is any irregularity in the bank accounts maintained by the appellant.
In spite of having been promoted, the order of promotion was number given effect to.
Therefore, the appellant challenged the action of the Deputy Commissioner, Udhampur who had refused to give effect to the order of promotion by filing a writ petition in the High Court.
During this period, in the performance of his official duty, the appellant was required to recommend the sanctioning of technical approval to the companystruction works of various projects.
In F.I.R. No.
20 of 2008 whereby the Division Bench companyfirmed the judgment and order passed by the learned Single Judge dismissing the Writ Petition S No.
63 of 1994 and iii F.I.R. No.
On the basis of these recommendations the Government issued the order of retirement which was impugned by the appellant in the writ petition.
After companypletion of the investigation in F.I.R. No.
