- (1.) THIS is a writ petition filed by Sheikh Ghulam Rasul against the State of Jammu and Kashmir and the Chairman and the Members of the Anti-Corruption Commission (hereinafter to be referred to as the Commission), for the issue of a writ of certiorari quashing the order of the Commission dated 9 July 1964 and further restrain-in? the Commission from proceeding against the petitioner under Section 3 (d) of the Jammu and Kashmir Government Servants' Prevention of Corruption (Commission Act) (hereinafter to be referred to as the Act ).
(2.) THE petitioner's case is that he was working as a Conservator of Forests in the State of Jamma and Kashmir till 8 March 1958 when he was retired. He was re-employed afterwards and finally ceased to be in Government service from 30 June 1962. After re-employment the petitioner held the office of the Custodian of Evacuee Property, Jammu, and discharged the functions of a Provincial Rehabilitation Officer. On a complaint against one S. Prahlad Singh in respect of certain acts alleged to have been committed by him, the Government appointed a Commission of Inquiry in which the petitioner appeared as a witness for the prosecution. The Commission of Inquiry exonerated Prahlad Singh in respect of charges framed against him.
(3.) THE recommendation of that Commission was accepted by respondent 1, the State, on 27 February 1963. On the basis of the same allegations a fresh enquiry was started against Prahlad Singh in which the petitioner also was called and the Commission framed a charge against the petitioner under the Act as amended by Act 1 of 1964 which received the assent of the Sadar-i-Riyasat on 25 March 1964. The petitioner has, therefore, come up in writ requesting the quashing of the charge framed against him and preventing the Commission from taking any further action on the basis of the charge on the following grounds: (1) That the Act is not retrospective. (2) That its amendment in 1964 is not retrospective and violates Article 20 of the Constitution of India. (3) That the amendment has put in other penalties which were not existing in the previous Acts, etc. ;