G A GANIE Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is the petition filed in terms of Article 226 of Indian Constitution read with Section 103 of Constitution of Jammu and Kashmir for grant of Writ in the nature for certiorari quashing Govt. Order No. 57 -GAD for 1996 dated 16 -01 -1996 by virtue of which the Writ Petitioner, who is working as Executive Officer Srinagar Municipality, was placed under suspension pending enquiry and was ordered to be attached with Divisional Commissioner, Kashmir. In addition to this, a Writ of Mandamus is also sought, wherein, direction is sought against respondents not to act upon and give effect to this order. Brief Facts: -

(2.) THE Writ Petitioner, a Revenue Officer of Tehsildars status was transferred on deputation to Srinagar Municipality, where he was working as Executive Officer. Srinagar Municipality, which is an autonomous body, received a complaint of the petitioner having appointed 44 persons against various posts in contravention of the procedure laid down by the Government for such appointments and against the government policy. That the petitioner has falsely appointed four persons on compassionate grounds under SRO 43. That he allotted two municipality shops against rules, etc. etc.

(3.) ON receiving this complaint, the Government passed the impugned order on 16 -01 -1996. Aggrieved of this order, the petitioner filed the present petition on 22 -01 -1996. The petition, along with its connected C.M.P for grant of interlocutory, relief came up before a bench of this court on 6 -2 -1996. The court on that day kept the order impugned in abeyance in so far as the same related to writ petitioner and not only that the court directed the respondents to allow the petitioner to function as Executive Officer. This order was, however, subject to objections of the other side.