EX ENGINEER Vs. KHATIJA BEGUM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 09.09.1996 passed by the learned Single Judge in SWP No. 240 of 1994. This appeal has been preferred by the State.

(2.) WE have heard Mr. Attar, learned counsel for the appellant as well as Mr. Zahoor A. Shah learned counsel for the respondents. In view of the order that we propose to pass, necessary particulars leading to the filling of present appeal and obviated.

(3.) RESPONDENT -writ petitioner was working as Assistant Store Keeper, Mugal Road, Shopian. The allegations was levelled against him that while working as such he has misappropriated 1200 bags of cement and according to the appellant, after enquiry it was found that the writ petitioner has misappropriated 1200 bags of cement and it was also admitted by the writ petitioner by filling an affidavit. It is submitted by Mr. zahoor A. Shah that the writ petitioner never admitted the fact that he has misappropriated 1200 bags of cement. This is a disputed question of fact as to whether the affidavit purportedly filled by the writ -petitioner before the competent authority, admitting the misappropriation of 1200 bags of cement, would amount to admission or not. Mr. Attar, learned counsel for the appellant has also referred to application dated 28.12.1998 marked as annexure D in the memo of appeal, which suggests that writ petitioner has admitted to have misappropriated 1200 bags of cement and for which he has tendered apology. According to the learned counsel for the appellant, on the basis of this admission order for recovery of amount was passed which has been challenged by filling the writ petition.