NOOR MOHD MIR Vs. DIRECTOR FISHERIES

JUDGEMENT

(1.) THIS is a petition under section 103 of the Constitution of Jammu and Kashmir for the issue of a Writ in the nature of certiorari quashing the order of the Director of Fisheries dated 9 -9 -1959 terminating the employment of the petitioner and for an appropriate writ, direction or order declaring that the petitioner is entitled to and directing the payment to him of full emoluments since 19 -9 -1962, the date when he was placed under suspension.

(2.) THE facts leading up to this petition are these: The peti ­tioner joined service in the Fisheries Department as a watcher in May, 1957. In January. 1962 he was promoted as officiating head watcher. On 16 -10 -1982 he was charge -sheeted for absence from duty and placed under suspension under Director of Fisheries order No. 226 dated 16 -10 -1962. Then followed further charge -sheets which covered acts of such nature as misappropria ­tion of Government money, abuse of official position, sale of terylene twine at rates higher than those prescribed by Govern ­ment which, according to the respondent, came to light while the petitioner was under suspension. The petitioner tendered his explanation which did not find favour with the Director of Fisheries who, therefore,, referred the subsequent charge to the Anti -Corruption Organization for investigation. The Anti -Corruption Organization returned a finding of not guilty. Mean ­while the petitioner was reverted to his original post of watcher as, according to the respondent, his promotion was made in leave arrangement which came to an end during this Interval. Any way, following the finding of not guilty returned by the Anti -Corruption Organization, the petitioner approached the Director of Fisheries for reinstatement but could not succeed. He represented the matter to the higher authorities which brought it in its wake his order of reinstatement from the Director of Fisheries in the following words: - Department of Fisheries, Jammu and Kashmir Govern ­ment Order No. 392 of 1964 -65 dated 15 -12 -1964. Noora Mir was placed under suspension vide order No. 226 dated 16 -10 -1962. In the meantime several other cases came to notice which are still under enquiry. Several charge -sheets were framed in different cases and some of them have been replied by him whereas the others are still incomplete. Noora Mir has been requesting for his reinstatement immediately as it will take much time to complete the enquiry in all the cases, particularly when I will be going out in Camp for some months. I feel that he may be reinstated on his duty with immediate effect pending decision in other cases which are being dealt with separately and on the basis of which he was not placed under suspension. The period of suspension will be decided after all the cases are completed and decided after receiving his replies to the charge -sheets already sent to him. He should join in Lidder Valley in the Ladroo Boat in place of Mohd. Amin who has not joined there. (Sd.) G. M. MALIK, Director of Fisheries. No. 5835 -36 dated Srinagar the 15 -12 -1964. Copy forwarded for information and necessary action to: - 1. Inspector Fisheries, Troat Circle, Aishmuqam. 2. Dy. Inspector Khas.

(3.) NOORA Mir for compliance.