STATE OF JAMMU AND KASHMIR Vs. M S FAROOQI

JUDGEMENT

(1.) This is an appeal by certificate granted by the High Court of Jammu and Kashmir from its judgment dated October 31, 1966 allowing the writ petition filed by the petitioner-respondent, M. S. Farooqi of the Indian Police Service, and restraining the State of Jammu and Kashmir, appellant before us, from proceeding against him under the Jammu and Kashmir Government Servants' Prevention of Corruption (Commission) Act, 1962 - hereinafter referred to as the Commission Act. The High Court held that the members of an All India Service serving in a State are governed by the All India Services Act, 1951, and the Rules made thereunder, and the Commission Act was not applicable to them. The High Court further held that the Commission Act was hit by Art. 14 of the Constitution as "there is a clear discrimination between the members of All India Services of the same Service posted in the State inasmuch as inquiry against the former for acts of corruption is to be held under the Central Act and the rules made thereunder while against the latter for the same acts of corruption enquiry is to be held under the Commission Act, the provisions of which are far more drastic than the Central Act and the rules made thereunder."

(2.) We may briefly state the relevant facts which necessitated the filing of the writ petition. The respondent before us. M. S. Farooqi hereinafter referred to as the petitioner, is a member of the India Police Service which is an All India Service. He is borne on the Jammu and Kashmir cadre. On March 12, 1964, an anonymous complaint was received by the Commission, set up under the Commission Act. On March 20, 1964, the Commission asked for a report from the Deputy Inspector General of Police. The Deputy Inspector General of Police (Anti Corruption Organisation) raised the question of the jurisdiction of the Commission. The Commission, however, held that the Commission Act was applicable in its entirety to Government servants belonging to Jammu and Kashmir cadre of the All India Services. The objection raised by the Investigating Agency was thus overruled. The Investigating Agency was directed to continue investigation of the case and submit a report. Thereupon the petitioner filed the writ petition in the High Court challenging the jurisdiction of the Commission. As stated above, the High Court allowed the petition, but later granted certificate of fitness and the appeal filed on behalf of the State of Jammu and Kashmir is now before us.

(3.) The learned counsel for the State contends that: