Decided on July 05,1999

Fayaz Ahmad Khuroo Appellant
STATE OF JANDK Respondents


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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