Rattan Lal Ticku vs Ut Of J&K & Ors on 2 April, 2026

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    Jammu & Kashmir High Court

    Rattan Lal Ticku vs Ut Of J&K & Ors on 2 April, 2026

    Author: Sanjay Dhar

    Bench: Sanjay Dhar

                                                                                2026:JKLHC-JMU:952
    
                                                               Serial No. 131
                                                             Supplementary List-1
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
    
    
                                         Pronounced on : 02.04.2026
                                           Uploaded on : 04.04.2026
    
    
    WP(C) No. 2790/2023
    
    Rattan Lal Ticku
                                                                      .....Petitioner
    
                         Through: Mr. Rahul Sharma, Advocate and
                                  Ms. Rupali Sharma, Advocate
    
                   Vs
    
    UT of J&K & Ors.
    
    
                                                                   .....Respondents
    
                         Through: Mr. Dewakar Sharma, Dy. AG
    
    CORAM:      HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                               ORDER
    

    (02.04.2026)

    01. The petitioner, through the medium of the present

    SPONSORED

    petition, has challenged order No. 177-JK(IND) of 2023

    dated 21.09.2023 whereby the Secretary to the

    Government, Industries and Commerce Department,

    J&K, has appointed Sh. Inderjeet, JKAS, Managing

    Director, J&K SICOP/SIDCO as the Enquiry Officer to

    enquire into the charges framed against the petitioner in

    terms of Sub-rule (4) of Rule 33 of the J&K Civil Services

    (Classification, Control and Appeal) Rules,

    Page 1 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    1956(hereinafter referred to as, ‘Rules of 1956’).

    Challenge has also been thrown by the petitioner to the

    enquiry proceedings emanating from the aforesaid

    impugned order.

    02. As per case of the petitioner, he was appointed as Store

    Officer in the year 1982 in Jammu and Kashmir Small

    Scale Industries Development Corporation Ltd.

    (hereinafter referred to as, ‘SICOP’). He served as

    Managing Director of SICOP from the year 2012 to

    January 2019, whereafter he retired on superannuation

    on 31.03.2019.

    03. It has been submitted that after retirement of the

    petitioner, the impugned order came to be issued by

    respondent No. 1 whereby an Enquiry Officer has been

    appointed to enquire into the charges framed against the

    petitioner by the Vigilance Organization, Jammu as no

    criminal offence was made out against the petitioner

    during the preliminary verification conducted by the

    Vigilance Organization.

    04. The petitioner has challenged the impugned order and

    the proposed enquiry proceedings on the ground that

    after his superannuation, in the absence of any

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    2026:JKLHC-JMU:952

    ruleproviding for initiation/continuation of enquiry

    proceedings against a delinquent employee, the

    impugned order could not have been issued. It has been

    contended that Rule 33 of Rules of 1956 does not apply

    to a person who has ceased to be a member of civil

    service. It has also been contended that the punishment

    contemplated under Rule 30 of Rules of 1956 cannot be

    imposed upon the petitioner because he is no more in

    service.

    05. The respondents have contested the writ petition by filing

    their reply to the same. While narrating the background

    facts, it has been submitted by the respondents in their

    reply that the Director Vigilance, J&K, Srinagar vide his

    communication dated 19.07.2017, intimated the General

    Administration Department (GAD) that a Joint Surprise

    Check (JSC) was initiated based on a source report

    alleging that SICOP has become a major conduit for

    corruption by the officials of various departments under

    the guise of a government run organization. It was

    informed that upon Joint Surprise Check, it was found

    that numerous fresh appointments were made without

    the requisite administrative approval and some engineers

    and technical staff were engaged for 89 days without any

    advertisement, suggesting a pick-and-choose approach

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    2026:JKLHC-JMU:952

    favouring certain individuals. The Vigilance Organization

    further informed that SICOP lacked a proper system for

    selecting suppliers or contractors and such selections

    were made without tenders. Thus, as per the report of the

    Vigilance Organization, it was established that various

    illegal appointments were made by or with the approval of

    the then Managing Director-the petitioner herein, in

    gross violation of established rules and procedures. A

    request was made by the Vigilance Organization vide its

    communication supra that Regular Departmental Action

    be initiated against the petitioner.

    06. It has been further submitted that the GAD vide its O.M.

    dated 04.10.2017 forwarded a copy of communication

    dated 19.07.2017 of Vigilance Organization along with

    connected documents to the Industries and Commerce

    Department for consideration of the recommendation of

    the Vigilance Organization. The Industries and Commerce

    Department vide its communication dated 04.10.2017

    forwarded all the material to Managing Director, J&K

    SICOP and requested him to furnish further details in the

    matter. In response to the same, the Managing Director,

    SICOP vide his communication dated 12.03.2018

    furnished a report to the Industries and Commerce

    Department with the request to close the matter as ‘not

    Page 4 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    substantiated’. The said report was forwarded to the

    General Administration Department vide communication

    dated 29.05.2018.

    07. The GAD vide its communication dated 02.08.2018

    advised the Industries and Commerce Department to re-

    examine the matter in its entirety and get the facts re-

    verified. Pursuant to the said advice, the Industries and

    Commerce Department vide Memorandum dated

    23.10.2018 served the Article of charges along with

    statement of imputations to the petitioner and informed

    that the Government proposes to hold an inquiry against

    him under the J&K CSRs, 1956 with a direction to

    submit a written statement in his defence within fifteen

    (15) days.However, no response was received from the

    petitioner even after affording him sufficient time.

    08. Thereafter, the Industries and Commerce Department

    vide Government Order No. 153-IND of 2019 dated

    22.07.2019 appointed Mr. Rajesh Chander Kotwal, the

    then Director Finance, Industries and Commerce

    Department, as Enquiry Officer with a request to

    complete the enquiry within 21 days and submit the

    findings/report. The enquiry officer informed that

    because the petitioner had retired from service upon

    Page 5 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    attaining the age of superannuation on 31.03.2019, as

    such, the disciplinary proceedings against the petitioner

    cannot proceed further.

    09. The respondents have further submitted that after

    examining the matter, the same was referred to GAD for

    further advice. Vide memorandum dated 28.02.2020, the

    GAD advised that the Regular Departmental Enquiry

    initiated against the petitioner can still be pursued

    further in terms of the provisions of Article 168-A of the

    J&K CSR, 1956.

    10. The respondents have gone on to state that Sh. Suresh

    Koul was appointed as the Enquiry Officer vide

    Government Order dated 25.01.2023 and Mr. Rakesh

    Singh Bhau, was appointed as the Presenting Officer. Sh.

    Suresh Koul, is stated to have retired from service on

    31.07.2023 without completing the enquiry and

    subsequently, impugned order dated 21.07.2024 came to

    be issued by the Government appointing Sh. Inderjeet,

    JKAS, as the Enquiry Officer.

    11. After furnishing the detailed background of the facts and

    circumstances of the case, the respondents have, in their

    reply, sought to justify continuance of the enquiry

    Page 6 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    against the petitioner even after his retirement from

    service by placing reliance upon Article 168-A of the J&K

    Civil Services Regulations, 1956.

    12. I have heard learned counsel for the parties and perused

    record of thecase.

    13. From a bare perusal of the stand taken by the

    respondents in their reply, it can safely be inferred that

    respondents do not dispute the legal position that once a

    person has retired from service, no departmental enquiry

    can be initiated/continued against such person in terms

    of Rule 33 of the Rules of 1956.Thus, there is no dispute

    to the legal position that in the instant case the petitioner

    after having superannuated from service on 31.03.2019

    cannot be proceeded against by holding the departmental

    enquiry against him in terms of Rule 33 of the Rules of

    1956. The only issue that is required to be determined is

    as to whether the respondents can take aid of Article

    168-A of J&K CSRs, 1956 to continue the proposed

    enquiry against the petitioner.

    14. In the above context provisions of Article 168-A of J&K

    CSR, 1956are required to be noticed. It reads as under :-

    Page 7 of 13WP(C) No. 2790/2023

    2026:JKLHC-JMU:952

    “168-A. The Government reserves to itself the right to order
    the recovery from the pension of an officer of any amount
    on account of losses found in Judicial or Departmental
    proceedings to have been caused to Government by the
    negligence or fraud of such officer during his service
    provided that-

    (a) Such departmental proceedings if not instituted while the
    officer was on duty:-

    (i) Shall not be instituted save with the sanction of
    Government;

    (ii) Shall be instituted before the officer’s
    retirement from service or within a year from the
    date on which he was last on duty, whichever is
    latter;

    (iii) Shall be in respect of an event which took
    place not more than one year before the date on
    which the officer was last on duty; and

    (iv) Shall be conducted by such authority and in
    such places as the Government may direct;

    (b) all such departmental proceedings shall be conducted if
    the officer concerned so requests in accordance with the
    procedure applicable to departmental proceedings on which
    an order of dismissal from service may be made; and

    (c) such judicial proceedings if not instituted while the
    officer was on duty, shall have been instituted in accordance
    with sub-clauses (ii) and (iii) of clause (a) above.”

    Page 8 of 13WP(C) No. 2790/2023

    2026:JKLHC-JMU:952

    15. From a perusal of the aforesaid provisions, it is clear that

    the Government is vested with right to order recovery

    from the pension of an officer of any amount on account

    of losses found in Judicial or Departmental proceedings

    which may have been caused to the Government by the

    negligence or fraud of a delinquent employee during his

    service subject to the conditions stipulated in the said

    provision.

    16. The aforesaid provision has fallen for consideration before

    the Division Bench of this Court in the case of UT of J&K

    & Ors. Vs. Qazi Qamer U Din, LPA No. 38/2023,

    decided on 19.05.2025. The Division Bench after

    noticing the provisions contained in Article 168-A of J&K

    CSR, 1956 has interpreted the same in the following

    manner :-

    “09.The plain reading of Regulation 168-A, clearly suggests
    that the Government is empowered to order the recovery
    from pension of an officer of any amount, which represents
    the losses caused to Government by the negligence or
    fraudulent act of such officer during his service. This loss
    caused to the Government on account of negligence or
    fraud is required to be established either in judicial or
    departmental proceedings, such recovery is, however,
    subject to the following conditions (i) such departmental
    proceedings, if not instituted while the officer was on duty,
    shall not be instituted save with the sanction of the

    Page 9 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    Government; (ii) shall be instituted before the retirement of
    such officer from service or within a year from the date on
    which he was last on duty, whichever is later; (iii) shall be
    in respect of an event which took place not more than one
    year before the date on which the officer was last on duty;
    and (iv) shall be conducted by such authority and in such
    places as the Government may direct. Article 168-A further
    provides that all such departmental proceedings leading to
    recovery from pension shall be conducted, if the officer
    concerned so requests, in accordance with the procedure
    applicable to the departmental proceedings on which an
    order of dismissal from service may be made.

    10. It is, thus, abundantly clear that in terms of Rule 30 of
    J&K Civil Services (Classification, Control and Appeal)
    Rules, 1956, it is not permissible to hold disciplinary
    proceedings against the delinquent employee after he has
    retired on superannuation and this would be the position
    even if the disciplinary proceedings are initiated while such
    delinquent employee is in service. However, as provided in
    Article 168-A, nothing prevents the Government to hold
    departmental proceedings into the conduct of the
    officer/official, which has resulted into a financial loss to
    the Government. These proceedings, however, would be
    limited only to determination of negligence and fraud of the
    delinquent employee and the amount to be recovered from
    the pension of such employee on account of losses found to
    have been caused to the Government by the negligence or
    fraudulent act of the delinquent officer. There is, of course,
    a caveat to the exercise of this power by the Government
    and the caveat is that if the departmental proceedings are
    not initiated against the officer while he was on duty, these
    proceedings shall not be instituted after his retirement

    Page 10 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    without sanction of the Government. These proceedings
    could be instituted before the officer’s retirement from
    service or within a year from the date on which he was last
    on duty whichever is later or in respect of an event which
    has taken place not more than one year before the date on
    which the officer was last on duty. It is, thus, axiomatic that
    if the Government fails to institute departmental
    proceedings for recovery of the amount on account of losses
    found to have been caused to the Government by negligence
    or fraud of delinquent officer/official while he was in
    service, such proceedings shall not be instituted unless the
    conditions laid down in the proviso to Regulation 168-A are
    fulfilled.”

    17. From the foregoing position of law, as analyzed by the

    Division Bench, it is clear that while the Government

    reserves the right to hold departmental proceedings into

    the conduct of a delinquent official which has resulted in

    financial losses, the exercise of such power is subject to

    the conditions stipulated in clauses (a) to (c) of Article

    168-A of the J&K CSR.

    18. Turning to the facts of the present case, as per the Article

    of charges served upon the petitioner in respect of which

    the enquiry is proposed to be held against him, the

    petitioner is alleged to have failed to adhere to the rules

    and regulations for making the appointments in SICOP;

    he is alleged to have appointed ad-hoc JEs and other

    Page 11 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    technical staff randomly by adopting pick-and-choose

    method without resorting to advertisement; he is alleged

    to have failed to supervise the system of choosing a

    supplier or a contractor for a particular financial year; he

    is alleged to have maintained silence thereby paving way

    for illegal appointments and method of choosing the

    suppliers/contractors in SICOP; he is alleged to have

    failed to maintain absolute integrity and sincerity in the

    discharge of his official duties and he is alleged to have

    brought discredit to service by his misdemeanor and

    misuse of his official position.

    19. A bare look at the allegations leveled against the

    petitioner in the Article of Charges would reveal that

    there is no allegation with regard to any financial losses

    having been caused to the Government by the alleged

    conduct of the petitioner. The only allegation against the

    petitioner is that he has not adhered to the rules and

    procedures while appointing staff in SICOP or while

    selecting the suppliers. There is no allegation that the

    petitioner has either misappropriated any amount or due

    to his action any financial loss has been caused to the

    SICOP. Besides this, no judicial or disciplinary enquiry

    has been conducted to determine the losses caused to the

    Government/SICOP by any act of negligence or

    Page 12 of 13WP(C) No. 2790/2023
    2026:JKLHC-JMU:952

    misconduct committed by the petitioner. In these

    circumstances, the conditions laid down in Article 168-A

    of the J&K CSRs, 1956, are not satisfied in the present

    case. The respondents therefore, cannot fall back on

    Article 168-A of J&K CSRs, 1956, to either initiate or

    continue the departmental proceedings against the

    petitioner.

    20. For what has been discussed hereinbefore, the writ

    petition is allowed and the impugned order No. 177-

    JK(IND) of 2023 dated 21.09.2023 and the disciplinary

    proceedings initiated pursuant thereto, as against the

    petitioner are quashed.

    21. The writ petition is accordingly, disposed of.

    (SANJAY DHAR)
    JUDGE
    JAMMU
    02.04.2026
    SUNIL
    Whether the order is speaking ? : Yes/No
    Whether the order is reportable ? : Yes/No

    Page 13 of 13WP(C) No. 2790/2023



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