FAROOQI M S Vs. ANTI-CORRUPTION COMMISSION

JUDGEMENT

(1.) THIS is a writ petition filed by M. S. Farooqi of the Indian Police Service at present Superintendent of Police, Commandant, 2nd Battalion, J. K. A. P. , against respondents 1 to 3 praying that the said respondents be restrained from proceeding against the petitioner under the Jammu and Kashmir Government Servants' Prevention of Corruption (Commission) Act, 1962, and respondent 4 be restrained from passing any order of suspension of the petitioner or imposing any other penalty on the recommendation of respondents 1 to 3. The petitioner alleged that he is an employee of the Police Department and belongs to the All India Service known as the Indian Police Service and is subject to the provisions of the All India Services Act, 1951, and the rules made thereunder. He admits that the rules made under the All India Services Act, 1951, apply to the State and are applicable in their entirety to the petitioner. Under these rule a complete and comprehensive procedure is laid down for proceeding against Indian Police Service and Indian Administrative Service officers and if any enquiry is to be conducted against their conduct a board of inquiry is to be appointed by the Government which must consist of at least one member from the service to which the officer belong,

(2.) IT is pleaded that the constitution of the Commission under the Prevention of Corruption (Commission) Act, 1962, neither fulfils the requisite condition mentioned above, nor is it appointed by the Government to enquire against the conduct of the petitioner. The Commission therefore has no jurisdiction to enquire into the allegations against the petitioner. It is averred that the Commission without jurisdiction has started enquiry against the petitioner on an anonymous application. The petitioner has further stated that according to the Constitution of India, Parliament has got the exclusive powers to make laws with respect to all the matters governing All India Services. The petitioner being an Indian Police Service officer is governed by the All India Services Act of 1951 and the rules made thereunder whether his present appointment is in the State of Jammu and Kashmir or elsewhere in the country. Lastly it is stated that the inquiry commenced by the Commission against the petitioner is invalid being discriminatory in as much as an officer of the petitioner's status serving in other parts of India is entitled to the benefit of the rules made under the All India Act whereas the petitioner serving in the State is denied those benefits. The action taken by the Commission 1b, therefore, hit by Article 14 of the Constitution. It is prayed that a writ of certiorari, mandamus or any other appropriate writ or direction be issued quashing the proceedings which are being taken by respondents 1 to 3 against the petitioner and that respondent be restrained from passing any order of suspension of petitioner from his service on the recommendation of respondents 1 to 3.

(3.) THIS petition is resisted by the respondents on various grounds, and the Advocate-General appears on their behalf. Preliminary objections are taken that the Commission constituted under Section 5 of the Jammu and Kashmir Prevention of Corruption Act, 1962, exercises the power of the High Court for the purpose of inquiry including consideration and disposal of questions relating to its jurisdiction, that as the said Commission is invested with power of the High Court for performance of its duties the writ petition is not maintainable and that the writ petition is misconceived and does not lie.