GH. AHMAD RATHER Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioner, who has already retired on superannuation, has called in question order No. 129 of 2010 dated 05.08.2010, passed by the Dy. Inspec tor General of Police, Traffic, J&K, Srinagar. It was alleged against the petitioner that on 09.01.2010, while he was posted as SO, Dalgate, for regulat ing traffic movement, he issued a challan on a compound form bearing booklet No. 837690 to vehicle No. 4803/JK08-13 and it was alleged that he had not mentioned the fined amount on the form nor had he signed the challan, though he had, allegedly, taken Rs. 500/- from the complainants. On the basis of the complaint, the petitioner was initially placed under suspension and enquiry was ordered to be con ducted. However, Enquiry Officer was changed and enquiry was entrusted to Deputy Director, Prosecution, who sub mitted the findings and disciplinary Authority inflicted the following punish ments on the petitioner:

(2.) The aforementioned details have been taken from the impugned order, which is challenged in this petition on manifold grounds including the one that this is a case of no evidence as the complainants and the witnesses were not examined.

(3.) In order to ascertain the aforesaid assertion of the petitioner, respondents were directed to produce the record, which is produced by Mr. Magray, learned Sr. AAG. The Enquiry Officer (Deputy Director, Prosecution), Traffic, HQ, J&K, Srinagar has recorded his findings and recommendations as un der: