AB GANI LONE Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition has been filed by the petitioner praying for a writ of mandamus and certiorari or any other appropriate writ, order or direction, for quashing the impugned order dated 22,2.1981.

(2.) THE facts giving rise to the present petition are that the petitioner was Storekeeper in the Food and Supplies Department and as such was deployed to Chokibal, Kashmir. During the night intervening 28th/ 29th September 1979, fire broke out in Chokibal main Bazar, where the food grains belonging to the Food and Supplies Department were stored in some shops which were also engulfed by fire. The loss was assesses by Departmental officials and the Government was approached for writing off the amount of loss caused by fire.

(3.) IT is averred in the petition that during the enquiry regarding fire loss, it was alleged that the petitioner had not entered one of the Challans for 82 quintals of rice in his books and that 6100 empty bags kept in the store of the contractor had also not been properly entered in the stock register. The petitioner as per letter No. SGD/3320679 dated 18.12.1979 issued by Deputy Director, Food and Supplies Department that enquiry was proposed against him under Rule 33 of the J&K Civil Service Classification, control and Appeal Rules and the grounds for which enquiry was proposed were given in the annexures 1 and 2 to the writ petition. On receipt of the annexures 1 and 2, the petitioner submitted his reply in respect to the charges brought against him.