INDER PRAKASH GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner challenges Government order Nol8 -GR of 1982 dated April 24, 1982 and seeks its quashment on number of grounds. Before adverting to the grounds of challenge, it would be appropriate to give a brief resume of the facts leading to this writ petition.

(2.) SHORT of details, the factual matrix reveals that on the basis of an anonymous complaint the petitioner was charged of having fraudulently drawn an amount of Rs.468.87 as house rent. The two other charges made in the complaint were found baseless. A Department Inquiry was also conducted against him, but the Inquiry Officer found no case proved against the petitioner. However, one charge was proved against him after inquiry conducted by respondent No. 2, culminating in the following recommendation.

(3.) UPON of the report from respondent No:2 a show cause notice dated August 28.1981 was served upon the petitioner in terms of Section 17 (6) of J&K Govt. Servants (Prevention of corruption Act of 1975 (hereinafter called the Act} calling upon the petitioner to show cause why the proposed punishment passed on the recommendation of respondent No: 2 be not imposed on him. He replied the show cause notice raising a number of issues and questioned the very constitution of respondent -Tribunal. However, his reply did not find favour with respondent No1 and the order impugned came to be passed imposing three punishment upon him as had been recommended by respondent No:2.