STATE OF J&K Vs. MOHD SHAFI

JUDGEMENT

(1.) THE State of Jammu and Kashmir has preferred this appeal under the Letters Patent against the decision of Ali, J. granting a writ of certiorari in favour of the first respondent.

(2.) THE first respondent was holding the office of a storekeeper in the Lift Irrigation Division of the Public Works Department of the State. Charges of embezzlement of a sum of Rs. 75,000/ - by making false entries in the registers and bills were levelled against the first respondent and seven others including the Divisional Engineer. A Commission, of Inquiry was set up by the Government to go into the charges. The Commission found that the charges were proved and made a report accordingly to the Government. The Government accepted the findings of the Commission and issued a notice to the first respondent to show cause why he should not be dismissed from service.

(3.) THE first respondent then moved this court for a writ of certiorari to quash the order of the Government dismissing him on the ground that a reasonable opportunity of showing cause against the action proposed to be taken against him by the Government had not been afforded to him. The -writ asked for was granted by Ali, J. The State has, therefore, come up in appeal against the judgment of Ali, J.