(1.) THIS is a petition under Art. 32(2 - A), Constitution of India as applied to the State of Jammu and Kashmir filed by Mr. Ghulam Rasul Mir, former Chief Engineer Irrigation and Development Commissioner, seeking a writ of mandamus against the State not to give effect to the Order No. 78 - C of 1955 dated 12 - 2 - 1955 demoting the petitioner to the rank of the Divisional Engineer, the same being arbitrary, illegal and unjust and so having no effect as against the petitioner.
(2.) THE facts which gave rise to this petition briefly stated are that the petitioner was selected as a Chief Engineer, P.W.D. in 1948. In March 1949 the petitioner was in charge of Irrigation Department as Chief Engineer and was in charge of a large number of important projects including the Sindh Valley Hydro - Electric Project. In October 1953 the petitioner was transferred as Chief Engineer Planning (Ex - officio Secretary, Works, Power and Irrigation) and within a few days transferred again as Development Commissioner for the State when he ceased to have any connection whatsoever with the Sindh Valley Hydro - Electric Project. The State Government was under the impression that the Scheme will be completed and electric power will be made available in November 1954 but they found that it was not possible and it caused them great embarrassment. On 8 - 9 - 1954 the Government issued an order No: 1230 - C of 1954 dated 8 - 9 - 4954 which reads as under : "The estimate for the work has progressively increased and the date of completion postponed Government were assured by the Engineers in chaise of the execution of the scheme both on the electric and civil side that power will be available for distribution in Srinagar city by November, 1954. They have now learnt with great concern and embarrassment that it might not be possible to give power before the end of June 1955 at the earliest". The Government decided to establish, a Commission of inquiry to investigate into the matter and pending such investigation the following officers who were associated with the planning and execution of the scheme were placed under suspension : Electric Side.
(3.) THE Commission visited the site of works at Prang and Ganderbal and drove over the length of the canal on 21 - 10 - 1954. They then started study of the files relating to the project, held discussions with Mr. Khan, Chief Engineer who is at present in charge of the works. A questionnaire was issued, as appears from their report, to Mr. Khan. The Commission then examined the Engineers who were in charge of the work among whom was the petitioner and then submitted the report to the Government.