D N GANJU Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application by the petitioner for quashing an order by which he was suspended pending inquiry into certain charges that were leveled against him.

(2.) THE petitioner joined service under the Public Works Department of the State of Jammu & Kashmir as a Sub -overseer in the year 1931 and was ultimately promoted to the post of an Assistant Engineer. The petitioner was working as an Assistant Engineer when certain allegations against him were made to his superior officers and two papers Khurshid" and "Sandesh" published various accusations against him which drew the attention of the Government. It appears that on 15 -10 -1957, the Government passed an order suspending the petitioner and directed the Chief Engineer concerned to execute the order of suspension and to investigate into the matter pending the suspension of the petitioner. The order is Annexure A". In consequence of this order, the Divisional Engineer, Construction Division, under whom the petitioner was working at the time, directed him to report to his former Headquarters pending further inquiry. This order is Annexure "E". Thereafter, an inquiry was started against the petitioner under the provisions of the Jammu and Kashmir Civil Service (Disciplinary Proceedings Tribunal) Rules 1958, which was pending when the petition was filed in this court but which has since been concluded. By another order of the Government dated 22 -9 -60 which is Annexure "0" in this case, the previous order of suspension was confirmed.

(3.) IN support of the rule, Mr. I. M. Lall appearing for the petitioner has raised two points before us. In the first place, he has contended that the inquiry, which was, started under the Jammu and Kashmir Civil Service (Disciplinary Proceedings Tribunal) Rules, 1958 was completely without jurisdiction in as -much -as the Sadar -i -Riyasat had no power to frame such rules in view of the provisions of Section 124 of the State Constitution. In order to appreciate this argument, it will be necessary to examine the provisions of Section 124 of the State Constitution which turns as follows: