GHULAM MOHAMMAD LONE Vs. UNDER SECRETARY TO GOVT HOME DEPARTMENT VIG J AND K GOVERNMENT JAMMU SRINAGAR

JUDGEMENT

(1.) ORDER :- Through this writ petition, petitioner has challenged Order No. 583 (Home) (Vig) of 1987 dated December 31, 1987 sanctioning his prosecution in pursuance of S. 6 of P. C. Act., 2006 for offence under S. 5(2) of P. C. Act 2006 and 161 , RPC (Annexure 4) while posted as patwari Halqa Asham Sumbal Sonawari and trap laid for commission of offence under S. 5(2) of P. C. Act, 2006. Petitioner was placed under suspension.

(2.) For prosecuting the petitioner, sanction by respondent 1 was mandatory. After considering all the facts of the case respondent I declined the sanction. Since case was not found fit for prosecution, it was closed vide No. Home (AC)S-Camp/ 87-S) dated 7-10-87 (Annexure 1).

(3.) Through communication No. Rev (NG)285/85 dated Oct. 16, 1987 respondent 2 asked the Divisional Commissioner to pass formal order for the re-instatement of the petitioner since the case against the petitioner had been closed by the Home Department (Vigilance) (Annexure 2). Consequently, the Divisional Commissioner vide his order dated Oct. 26, 1987 re-instated the petitioner and he was posted as Patwari at Hakwara (Annexure 3).