GH MOHD SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) MR . Gulam Mohammad Shah, the appellant herein, was writ petitioner in SWP No. 783 of 93, which was heard and disposed of by the learned Single Judge in the writ petition being against the writ petitioner, he presented this LPA challenging the correctness and the legality, and the conclusions reached thereon, in the writ petition.

(2.) A few facts, that are necessary for the disposal of the appeal, are as follows :

(3.) MR . Gulam Moammad Shah was working as Store -keeper in the Department of Food and Supplies in the state of Jammu and kashmir. There was an allegation of embezzlement in the course of transaction of consumer goods involved in the transaction of the Department of Food and Supplies. The Director. Food and Supplies passed an order suspending the appellant from offices pending an enquiry against him. Thereafter, the Deputy Director, Food and Supplies, Pulwama had been appointed as Enquiry Officer by the Director by an order made on 9th November, 1987. The Enquiry Officer, after completion of the enquiry, submitted a report on 25th April, 1988 to the disciplinary authority. Meanwhile, there were some proceeding before this court. The writ -petitioner had move SWP No. 1299 of 1988 challenging the order of suspension on 21st January, 1987. The division Bench, after hearing learned counsel on both sides, by an order made on 15 -11 -1988 directed that if there was no enquiry have been completed as on that day, the third respondent shall submit his report to respondent No.2 with in the same period. The Division Bench further directed that if the enquiry was delayed beyond four weeks, the petitioner would be entitled to be reinstated and the enquiry to be conducted thereafter.