MOHD. FAYAZ Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner has called in question Order No. 244-DRD of 1998 dated 13.11.1998 (annexure "C") passed by respondent No. 2, whereby and where under the rank of petitioner as Village Level Worker came to be reduced to the rank of Plantation Watcher on the grounds taken in the writ petition.

(2.) It is necessary to give brief resume of the case, the womb of which has given birth to the instant petition.

(3.) It appears that a complaint came to be made before the respondents against the petitioner by one Mohd. Hanif son of Raj Mohd., resident of Dana, Fatehpur, came to be referred to the Superintendent of Police, Poonch for inquiry, who conducted the inquiry and submitted report to the Vigilance Commissioner. The Vigilance Commissioner accordingly recommended action against the petitioner and the respondents placed the petitioner under suspension vide Order No. 65-DRD of 1997 dated 5.3.1997. Respondent No. 2 initiated the inquiry proceedings against the petitioner after framing charges against him. The petitioner submitted reply and denied the charges. It appears that thereafter without conducting full fledged inquiry and without recording the evidence of complainant or petitioner the final inquiry report came to be passed. Thereafter notice was issued to the petitioner to show cause why major punishment be not inflicted upon him and accordingly the impugned order came to be passed. Respondents have filed the counter and have resisted the petition. Petitioner has also filed the rejoinder.