G M WANI Vs. STATE OF J&K

JUDGEMENT

(1.) THE matter was liable to be disposed of by a Division Bench judgment of this Court in Sayedan Shaffis case (1997 SU 178) but learned counsel for the petitioner, Mr. Baig, sought to draw a distinction between the two cases and prayed for moulding the relief in this case by passing appropriate orders.

(2.) PETITIONER , a senior scale KAS Officer, was posted as Distt. Development Commissioner, Anantnag, some time in December 1992. He claims that despite his preoccupation in putting the district administration back on rails, he came across some cases of fradulent drawal of public money and took prompt action by placing two Block Development Officer (BDOs) of Kulgam and Qazigund, under suspension. He also reported the matter to higher authorities including the Chief Secretary and requested for action. But while he was doing all this, he was stunned to hear that he was declared absconder on 20.6.1993. His residence was raided by Vigilance sleuths on 20,6.1993. Later some FIRs were lodged by the police on 24.6.1993 in which he was made a co -accused and charged of the conspiracy in some financial irregularities and negligence. He was eventually dismissed from service by Govt. Order NO. 533 -GAD of 1993 dated 25.6,1993 passed by the Governor in exercise of the powers under Sec.126(2){c) of the State Constitution.

(3.) RESPONDENTS case is that petitioner was negligent in the discharge of his duties and had brought discredit to his service by committing serious ommissions in connivance with his subordinate officers which had caused huge financial loss to public exchequer.