LAWS(J&K)-2000-7-34

ABDUL GANI WAR Vs. STATE AND OTHERS

Decided On July 28, 2000
Abdul Gani War Appellant
V/S
STATE AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner, a Store-Keeper of Food and Supplies Department has been placed under suspension vide order No. 90-DFSK of 1995 dated 6.3.1995 (annexure-P3), after the Chief Inspector Food and Supplies Department, Kupwara appointed as Inquiry Officer U/S 33(4) of Jammu and Kashmir Classification, Control and Appeal (Rules) 1956 (hereafter for short CCA Rules) vide order No. 573 DFSK of 1994 dated 6.10.1994 (annexure-P1), gave inquiry report against the petitioner to Director, Food and Supplies Department, Srinagar (annexure-P2). The order placing petitioner under suspension and the inquiry conducted under Rule 33(4) of CCA rules, is under challenge in this petition. Petitioner is alleged to have collected the empty gunny bags for despatch in the Bag Section of Gulab Bagh, Srinagar Main Office of Food and Supplies Department, but failed to deposit the bags assessed in the sum of Rs. 64,656/-. This, petitioner is stated to have done, in connivance with three truck drivers deputed for transportation of the bags after collecting same from sales outlets of Food and Supplies Department in District Kupwara. Petitioner's case is that Director of Food and Supplies vide impugned order No. 573 DFSK of 1994 dated 6.10.1994, while appointing Chief Inspector Kupwara as Inquiry Officer under rules 33(4) of CCA Rules to inquire into misappropriation of empty gunny bags during transit from Kupwara District to Central Godown Srinagar, has not followed the procedure as required under law. Petitioner has not been served with articles of charge, allegations and grounds of such charge and has not been afforded an opportunity to put his case before the authority. Petitioner has been held liable for embezzlement at his back, without any show cause notice, charge sheet, allegations of charge, written statement of defence etc, as provided by Rule 33 of CCA Rules. Petitioner has been prejudiced and not dealt fairly in accordance with due procedure laid down by law. Even after submitting his report by so-called Inquiry Officer (Chief Inspector Kupwara) petitioner has not been given any opportunity to put his defence before the appointing authority. In fact the order (annexure-P3) pursuant to this inquiry report is equally vitiated under law, insofar as instead of passing any punishment petitioner has been placed under suspension without anything further. The holding of inquiry, submission of inquiry report by the Inquiry Officer and passing of final order by the appointing authority, as in this case, fall wholly beyond pale of law and in fact the due procedure provided under law.

(2.) Respondents in their objections have not refuted the appointment of Chief Inspector of Kupwara, respondent No. 4 as Inquiry Officer by Director Food and Supplies respondent No. 2 under rule 33(4) of CCA Rules. It is also not refuted that the procedure provided by Rule 33 CCA has not been followed. However, it is contended by respondents that the petitioner in league with the Truck Drivers, has misappropriated gunny bags valued at Rs. 64,656/-, in so far as bags collected from different sale outlets of District Kupwara of despatch to Main Office at Gulab Bagh Srinagar, have not been so despatched/deposited and not credited in the accounts of the Department. Petitioner in fact collected the bags and accompanied the vehicles en-route to Head office Gulab Bagh Srinagar. It was for this reason that petitioner was placed under suspension though after the "Inquiry Officer completed the inquiry after complying with rule 33 of CCA Rules". The inquiry report is based on evidence and petitioner has not presented himself before the Inquiry Officer.

(3.) Heard.