SUNIL SURI Vs. UT OF J&K

JUDGEMENT

(1.) In terms of order of this court dated 07-10.2020, learned counsel for the petitioner was directed to address the Court on the question of maintainability of the writ petition as to how the petitioner in the petition can seek a mandamus for initiation of an enquiry and action thereof against the respondent No.4.

(2.) In response to above, according to the learned counsel, the grievance of the petitioner against the respondent No.4 is that he is a Government employee in Rural Development Department, Jammu, but has undertaken another occupation of photography in the name and style M/s. Regal Photo Flash Studio, Moti Bazar, Jammu. Learned counsel further states that the respondent No. 4 has suppressed this fact from the respondent No.1, where respondent No.4 is an employee. Learned counsel further submitted that on 30-05-2016, when the respondent No.4 was in service, he had opened a bank account with the J&K Bank, Talab Tiloo, in the name of the said photography shop showing himself as proprietor of the said shop.

(3.) According to the leaned counsel for the petitioner the respondent No. 4 cannot take another business or profession while being in active service of Government, which is against law. Learned counsel submits that the respondent No. 4 has committed gross violation of the provisions of service rules and regulations. According to the petitioner, the respondent No.4, since the inception of his service, is never regular and most of the time remains absent from his duties owing to the fact that he operates and runs his photography shop.