GH NABI MIR Vs. STATE OF J&K

JUDGEMENT

(1.) THE sole point involved and raised in this petition is that under what circumstances a Government servant can be placed under suspension and, once pending inquiry he is transferred from the post held by him to another office, does it fulfill the purpose of suspension and, whether the Government has power to place such Government servant under suspension pending another inquiry into the same cause.

(2.) PETITIONER happened to be Executive Engineer posted in Public Health Engineering Division, Badgam, when a test check of accounts of P.H.E. Divisions Badgam, Shopian and Bijbehara pertaining to period onwards July, 1984 to 15.12.1987 by Director Accounts & Treasuries in his report revealed that the engineers, officers, officials of the said Divisions appear to have in collusion with fake firms placed orders for supply of pipes, were manipulated and undue payment shown to have been made to such firms.

(3.) THE Government vide Government Order No. 202 -F&PHE of 1988 dated 4.3.1988 to fix the responsibility and to ascertain the extent of transactions genuineness of otherwise of supply orders, payments made and goods received, constituted a Committee of officers comprising of two Chief Engineers and also one Dy. Director, Accounts & Treasuries, to make a thorough probe in the matter and submit a report within a period of one month. Further in order to facilitate thorough examination of accounts without impediments, the Government ordered transfer of certain engineers, Officers, officials from the concerned divisions including that of petitioners from Badgam to Monitoring Cell in office of CE (PHE) Kashmir and then from Monitoring Cell in office of CE (PHE) Kashmir to power Development Civil Investigation & Designs Wing by the same Order dt. 4.3.1988.