FAYAZ AHMAD KHUROO Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Fayaz Ahmad Khuroo
STATE OF JANDK
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BHAWANI SINGH, J. -
(1.) ADMIT . Notice accepted by Shri M.H. Attar, Additional Advocate General. Heard finally.
(2.) THIS Appeal is directed against the judgment of Single Judge dated 19 -04 -1999
(3.) SHORTLY narrated the facts are that, petitioner is a draftsman in R&B Department. By Government order No.54 -(Vig) of 1998, dated
27 -07 -1998, sanction for his prosecution for offence under section 5(2) of Prevention of Corruption Act, 2006, 167 -A, 201 RPC read with section
120 -B RPC has been accorded in case FIR No. 1/97, police station, vigilance organisation, Kashmir. This order has been issued by General
Administration Department on 27 -07 -1998. Endorsement to some authorities
also records that matter be considered in terms of Rule 31, Jammu and
Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956
and instructions issued thereunder. Following this order, Government
Order No. 02 -PW of 1999 dated 04 -01 -1999 has been passed, whereby
petitioner has been placed under suspension with immediate effect and
attached with the Chief Engineer (R&B) Department, Kashmir. Petitioner
raised number of questions assailing this order passed by the respondent.
It is submitted that sanction has not been granted by Competent Authority
and that suspension is malafide and against instructions issued under
Section 31 of Jammu and Kashmir Civil Services (Classification, Control
and Appeal) Rules, 1956.
Single Judge considered the matter, but dismissed the same by the impugned judgment. On the question of sanction, Single Judge observed
that the same can be raised before the Special Judge, Anti -Corruption,
where the case is pending for trial. With respect to plea against
suspension, Single Judge has observed that petitioner is involved in a
public scandal alongwith 50 people and the case is pending trial, apart
from holding that the competent authority has acted under Clause (b) of
Rule 31 (1), Jammu and Kashmir Civil Services (Classification, Control
and Appeal) Rules, 1956, which Government instructions cannot override.;
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