TEJ NATH AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) By this common judgment both the aforesaid two petitions shall be disposed of.

(2.) The only point on which these petitions are being disposed of is about the inherent lack of jurisdiction of the Single Member Tribunal Anti Corruption (Non-gazetted) cases for Jammu Province, based on whose recommendations the petitioners were issued show cause notices and ultimately the impugned orders awarding punishments to them, were passed. In case of the petitioner Tej Nath in Writ Petition No. 409/81, the Single Member Tribunal Anti-Corruption (Non-gazetted) cases Jammu Province hereinafter to be referred to as the Tribunal) submitted his findings/recommendations on 29.12.1979 vide his judgment of the same date and a show cause notice dated 11.8.1980 was consequently issued by the Deputy Secretary to Government Home Department (Vig) calling upon the petitioner to show cause as to why he should not be demoted to the lower post of constable police, and be deemed to have entered lower grade for the first time where your pay will start from the minimum of the grade. The petitioner was also proposed to be inflicted a fine of Rs. 150/- for being recovered from his pay and paid to the complainant. The petitioner submitted his explanation and order No. 32 GR of 1981 dated 6.4.1991 was passed whereby the aforesaid two punishments were awarded to the petitioner by the Government.

(3.) In the case of the petitioner Abdullah in Writ Petition No. 370/82, the Tribunal gave his findings/recommendations on 26.4.1980 vide his judgment on the same date and consequent upon these findings a show cause notice was issued to the petitioner and after considering the explanation tendered by the petitioner the punishment in following terms was awarded to him :-