STATE OF JANDK MOHD MUZAFFAR BANHALI GAZANFAR ALI ABDUL REHMAN MALIK Vs. MOHAMMAD SHAFI BHAT KISHENDER SINGH NAZIR AHMAD MAKHDOOMI MOHAMMAD SHAFI GANAI AHMADULLAH ZARGAR MOHD SHABAN PADRO SONAULLAH AHANGAR STATE OF J AND K

JUDGEMENT

(1.) These Letters Patent Appeals, seven in number, and three writ petitions, have come up for hearing before this Court pursuant to order dated 5th October, 2001 passed by a Division Bench of this Court.

(2.) It so happened that, LPA Nos. 72/87 and 68/95, titled Rais Ahmad Gazi v State of J&K and Syedan Shafi v State of J&K, arising out of two distinct set of facts, were heard, decided and allowed by a Division Bench of this Court by a common judgment delivered on 7th April, 1997. That decision was followed in several writ petitions. Letters Patent Appeals were filed by the State which later came up for hearing before another Division Bench of this Court. The subsequent Division Bench differed with the view taken by the earlier Division Bench. Being a Co-ordinate Bench, the latter Division Bench, in terms of order dated 5th October, 2001, ordered reference of all these matter to a larger Bench. That is how these matters have come to be listed before us. The three writ petitions, indicated above in the list of cases, arise from the same factual background as the Letters Patent Appeals. Same points of law are involved therein. Therefore, in terms of order dated 18th May, 2000, passed by the Division Bench, these petitions have come to be clubbed with the Letters Patent Appeals. Relevant facts are noticed below.

(3.) It appears that, somewhere in the year 1992, some large scale embezzlements and misappropriation of public funds in the Rural Development, Anantnag, Kashmir, were reported. Apparently, intelligence reports suggested that the funds misappropriated were utilized for sustenance of militancy in the area. The matter was reported to Chief Secretary of the State. Preliminary enquiry into the matter was conducted by a high level committee who submitted their report. The matter was placed before the Governor of the State alongwith the report of the Intelligence Department. This led to dismissal from service of about fourteen employees, holding different ranks. The orders of dismissal in respect of each of these employees were passed separately in exercise of powers vested with the Governor under proviso (c) to sub-section (2) of Section 126 of the Constitution of Jammu and Kashmir (hereinafter referred to as "the State Constitution"). Respondents in the above seven Letters Patent Appeals and petitioners in the three writ petitions are ten of those fourteen dismissed employees. All the fourteen dismissed employees individually filed writ petitions before the Court, challenging the orders of dismissal passed against them by the Government. Writ petition, bearing SWP No.1326/93, filed by one of such employees, namely, Syedan Shafi, was dismissed by the learned Single Judge vide judgment dated 2nd September, 1995. He filed Letters Patent Appeal No.68/95 which was heard by a Division Bench of this Court alongwith another Letters Patent Appeal No.72/87 titled Rais Ahmad Gazi v State of J&K. The Division Bench, as observed above, by a common judgment dated 7th April, 1997, allowed both the Letters Patent Appeals, set-aside the two judgments passed by learned Single Judges, quashed their orders of dismissal and allowed their respective writ petitions. That judgment is reported as Rais Ahmad Gazi & Syedan Shafi v State of J&K, 1997 SLJ 178. Though in the above two cases, the orders of dismissal were passed on the ground that "in the interest of security of the State" it was "not expedient to hold an enquiry" yet; the facts involved in the two cases were markedly different. Following the decision of the Division Bench, rendered in Rais Ahmad Gazi & Syedan Shafi v State of J&K (supra), seven petitions, namely, SWP Nos. 1915 / 93; 2506 / 93; 1939 / 93; 1757 / 93l 1941 / 93; 1942 / 93 and 1756 / 93, were allowed by different Benches of the Court. Against the decisions so rendered by the learned Single Judges in these seven writ petitions, the State filed the above seven Letters Patent Appeals, These Letters Patent Appeals came up for hearing before a Division of this Court on 5th of October, 2001. After hearing learned counsel on both sides, the Division Bench passed the following order: "The aforesaid Letters Patent Appeals and the Service Writ petitions arise out of the impugned order passed by the appropriate authority on 25.6.1993. Considering the order that we propose to pass, material facts leading to the filing of the writ petitions and present appeal are obviated.