JAVID AHMAD NAIK Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, who was serving as Munsiff Pulwama in Kashmir Division, was removed from the judicial service by the Governor of the then State of Jammu and Kashmir vide Government Order No.3337-LD(A) of 2019 dtd. 23/7/2019 ["the impugned order"]. The impugned order has been passed by the Governor on the recommendations of the Full Court that the petitioner, in view of his proven misconduct, was not worthy of retention in the judicial service.

(2.) Feeling aggrieved, the petitioner has invoked the extraordinary writ jurisdiction of this Court seeking quashment of the impugned order as also the enquiry report dtd. 6/7/2018 and a show cause notice issued by this Court proposing penalty of removal of the petitioner from service vide Registrar General"s communication No. 49220/GS dtd. 31/12/2018. The petitioner additionally seeks to assail the recommendations made by the Full Court to the Governor of then State of Jammu and Kashmir for imposition of penalty of his removal from the judicial service. The petitioner also prays for a writ of mandamus to command the respondents to treat him in service with all consequential service benefits.

(3.) Before we advert to the grounds of challenge pleaded in the petition and urged by Mr. G.A.Lone, learned counsel appearing for the petitioner, during the course of arguments, it would be appropriate to allude to the factual antecedents leading to the removal of the petitioner from service. Pursuant to his selection made by the J&K Public Service Commission and on the recommendations of this Court, the petitioner was appointed as Munsiff in the year 2003. After serving at different places, the petitioner, in the year 2010, was transferred and posted as Munisff Pulwama where he rendered his services from 8/8/2010 to 1/9/2012. In the month of January, 2011, when the petitioner was nominated as Duty Magistrate during winter vacations, he, exercising the powers of Sub-Registrar of the District, registered five sale deeds (one registered on 12/1/2011 and four on 13/1/2011). These sale deeds were in respect of 450 kanals and 17 marls of land belonging to a migrant. On the allegation that five sale deeds of immovable property belonging to the migrant were registered by the petitioner by facilitating the evasion of stamp duty to the tune of Rs.32.00 lacs in conspiracy with Nazir Ahmed Naqash and others ["the vendees"], one Bashir Ahmed Khanday, son of Abdul Razak Khanday, resident of Khandaypora, Awantopora made a written complaint to Hon'ble the Chief Justice, Supreme Court of India with a copy to Hon'ble the Chief Justice of this Court.