Mere possibility is hardly sufficient to assume that it would
have happened. There must be preponderance of probability
for the reasonable man to entertain doubt regarding that
possibility. Only then there is justification to ram an officer
with the label doubtful integrity.
The Committee cannot base its report on guess work and Government
cannot pass an order on such guess work. Same point came up for consideration
before this Court in a case titled Zarina Bano & Ors., SWP No. 828/2005 decided
on 6th of June 2008 wherein it has been held by this Court that order of premature
retirement cannot be passed on mere guess work and without any material to
support the same. This Court also in case titled as Janak Singh Vs. State of J&K &
Ors., 2009(1) JKJ 588 [HC]; Parshotttam Singh Vs. State of J&K & Ors., SWP No.
1397/2006 decided on 08th of April 2010 and Ram Dass Vs. State of J&K & Ors.,
SWP No. 530/2005 date of decision 24th of September 2010 has laid down the
same principle.