ALI NAQI Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner was a Store Keeper in the Department of Food & Supplies and posted in District Kargil in the year 1982. The case of miss-appropriation of the store articles entrusted to the petitioner was registered with Police Station Kargil. He was placed under suspension in the year 1985 vide Order No. DDCK/SS-202/PF (AN) 82-83 dated 29.3.1985 by respondent No. 2 District Development Commissioner Kargil. Further case of the petitioner is that trial was conducted in the Chief Judicial Magistrate, Kargil and on its conclusion he was acquitted vide judgment and order dated 9.10.1987. Vide order-dated 6.8.1988 the petitioner was reinstated by respondent No. 2. This order however, is further to have been superceded by the respondent No. 2 by another order dated 1.9.88 in directing the enquiry would be conducted to determine the shortages. One Mohd. Sadiq, Dy. Registrar Co-operative, was appointed as an Enquiry Officer. The petitioner further stated that neither any enquiry started nor any charge sheet was served to the petitioner. However, respondent No. 2 by another order-dated 26.4.89 directed the pending Departmental Enquiry, the department will start recovery from the petitioner at the rate of 50% of his gross pay which became the subject matter of the challenge by the petitioner by filing the writ petition in seeking its quashment and further direction to the respondents to settle the claim of the petitioner with regard to salary/suspension allowance for a period from March 1985 to Sept. 1988 when he remained under suspension and further refund of the deductions made from his pay in pursuance of the order impugned in the writ petition by issuance of an appropriate writ in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir.

(2.) No counter has been filed by the respondents despite various opportunities. Heard the arguments and considered the rival contention of the parties at length.

(3.) It is not in dispute that the petitioner was reinstated after his acquittal by the criminal court in case of alleged miss-appropriation by him during his tenure as Store Keeper in the Food and Supplies Department at Kargil. However, a departmental enquiry was ordered by respondent No. 2 relating to the shortages, one Mohd. Sadiq Dy. Registrar Co-operative Kargil, was appointed as Enquiry Officer to submit his report within a period of month.