NARINDER KUMAR MISHRA Vs. J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is seeking to quash Notice No.SVC/Comp-223/2016 dated 105.2016 issued by J & K State Vigilance Commission, respondent No.1 herein, whereby the petitioner herein has been directed to submit para-wise comments on the complaint filed by one Gourav Bhalla, respondent No.2 herein. Petitioner is also seeking quashment of the complaint filed against him by respondent No.2 before respondent No.

(2.) The facts as emerged from the record of writ file are that the petitioner had booked the Coppertone Hall and the open lawn of 17 Miles Hotel & Restaurant belonging to respondent No.2 herein, for the marriage ceremony of his daughter for 25.01.2015 and the agreed rate of catering for guests was at the rate of Rs.1450/- plus taxes per person. As per the complaint filed by respondent No.2, the total amount came to Rs.18,77,028/- plus Rs.1,01,623/-, out of which the petitioner made payment of Rs.8.25 lacs only, whereas the petitioner did not pay the balance amount of Rs.11,53,651/-. In April 2015, respondent No.2 also served a legal notice upon the petitioner for payment of the said amount. Further, as per complaint, though the petitioner had declined to make the balance payment, he, however, conveyed to respondent No.2 that he is a top officer of the Forest Department and would help him in arranging timber for using the same by respondent No.2 in his business establishment. Further, as per complaint, respondent No.2 declined to be a part of corrupt practices and, thus, compelled by the circumstances filed a complaint against the petitioner herein before the J & K State Vigilance Commission, respondent No.1 herein. Respondent No.1, accordingly, issued Notice No.SVC/Comp-223/2016 dated 11.05.2016, impugned herein, to the petitioner directing him to submit para-wise comments on the complaint. Feeling aggrieved, the petitioner has filed the present writ petition.

(3.) With the consensus of learned counsel appearing for the parties, this case is admitted to hearing and is taken up for final hearing.