Decided on April 23,1986

Gh Mohd Sheikh Appellant
STATE Respondents


- (1.) IN this Writ Petition, petitioner challenges various Government orders contained in annexures I, II, and IV as also annexure III which is authored by respondent No: 2.
(2.) BY virtue of Annexure -I which is a notification, dated 12th April, 1979, it is said that allegation of false date of birth certificate were brought against the petitioner and the case was investigated by the Vigilance Authorities who have come to the conclusion that the allegations against the petitioner were correct and a charge sheet appears to have been framed against the petitioner as to why disciplinary action should not be taken against him for having produced a false date of birth certificate. The petitioner is said to have submitted his explanation and the Govt. was of the opinion that it was necessary to appoint an enquiry Officer to inquire about the charges against the petitioner under Rule 33 Sub -Rule 4 of J&K Civil Service; (Classification Control and Appeal) Rules 1956 read with Rule 4 of the Financial Code Vol: 1 Accordingly Shri Hamid Ullah Khan, IAS, Dupty Commissioner, Srinagar was appointed as Inquiry officer.
(3.) ANNEXURE -II is notification dated 28th December 1979 By virtue of this notification the Government appears to have appointed another Inquiry Officer, respect No: 2 in place of Shri Hamid Ullah Khan in view of the fact said Hamid Ullah Khan had in the capacity of Deputy Commissioner, Baramulla made some observations against the petitioner on a file which was produced during the enquiry before him - Therefore, consistent with the principles of natural justice, new Inquiry officer was appointed. Annexure -III is a communication addressed by respdt NO: 2, Inquiry Officer, to the petitioner on 2. 2. 1980. It gives out details as against the material which is sought, to be used against the petitioner during the enquiry. This material is alleged to have been collected by the Inquiry Officer of his own and he has sent the copies of the documents obtained by him from various schools to the petitioner.;

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