PROF. ABDUL GANI BHAT Vs. COMMISSIONER VIGILANCE ORGANIZATION

JUDGEMENT

(1.) In this petition filed under Section 561-A Cr.P.C, the petitioner has inter-alia called in question order dated 21-07-2016 passed in MP No. 1/2015 filed by the petitioner for recalling Judgment dated 03-09-2008 passed in OWP No. 702/2003. The petitioner has also prayed for setting aside the order of Special Judge, Anti-Corruption, Srinagar, passed on 16-12-2002 which was subject matter of challenge in OWP No. 702/2003.

(2.) Briefly stated the facts of the case are that, in the year, 1997, the petitioner appears to have filed a complaint with the Vigilance Organization, Kashmir against one Altaf Rehman, Assistant Physical Director, Islamia College, Srinagar and one Muzaffar Ahmed Khan, the then Director Colleges. The Vigilance Organization, Kashmir conducted a preliminary inquiry and consequently registered F.I.R No. 66/1997. However, upon investigation, the case was closed, as not proved. Accordingly, Ikhtitami was presented before Special Judge, Anti Corruption, Srinagar. The Ikhtitami was not accepted and the learned Judge vide its order dated 01-02-2001 directed the Vigilance Organization to get the matter further investigated by an Investigating Officer not below the rank of Deputy Superintendent of Police. In compliance to the order passed by Special Judge, Anti-Corruption, further investigation was undertaken by one Abdul Gafar Malik, who upon further investigation also closed the case as not proved. Once again, Ikhtitami was presented before the Court of Special Judge, Anti Corruption. The ikhtitami was accepted by the Court vide order dated 16-12-2002.

(3.) The petitioner, who was complainant before the Vigilance Organization, did not feel satisfied with the manner in which the investigation was conducted by the Vigilance Organization. He was also not satisfied with the manner in which the learned Special Judge, Anti-Corruption accepted the Ikhtitami and closed the case vide its order dated 16-12-2002. Aggrieved, the petitioner approached this Court through the medium of OWP No. 702/2003 and assailed the order of learned Special Judge, Anti-Corruption, Srinagar dated 16-12-2002 inter-alia, on the ground that before accepting the closure report learned Special Judge, Anti-Corruption did not put him to notice and, therefore, violated the valuable right of the petitioner to protest against the manner in which the investigation had been conducted by the Vigilance Organization and to lodge a protest petition before the Court.