(1.) PETITIONER , a Store -keeper of Food and Supplies Department has been placed under suspension vide order no. 90 -DFSK of 1995 dated 6 -3 -1995 (Annexure P3) after the Chief Inspector Food and Supplies Department. Kupwara appointed as Inquiry Officer u/s 33(4) of Jammu and Kashmir Classification. Control and Appeal Rules 1956 (hereafter for short CCA Rules) vide Order No. 573 DFSK of 1994 dated 6 -10 -1994 (Annexure P1), gave inquiry report against the petitioner to Director Food and Supplies Department. Srinagar (Annexure P2). The order placing petitioner under suspension and the inquiry conducted under Rule 33(4) of CCA Rules, is under challenge in this petition. Petitioner is alleged to have collected the empty gunny bags for despatch in the bag section of Gulab Bagh. Srinagar Main Office of Food and Supplies Department but failed to deposit the bags assessed in the sum of Rs. 64, 656/ -. This petitioner is stated to have done, in connivance with three truck drivers deputed for transportation of the bags after collecting same from sales outlets of Food and Supplies Department in District Kupwara. Petitioners case is that Director of Food and Supplies vide impugned order no. 573 DFSK of 1904 dated 6.10.1994, while appointing Chief Inspector Kupwara as Inquiry Officer under rule 33(4) of CCA Rules to inquire into misappropriation of empty gunny bags during transit from Kupwara district to Central Godown, Srinagar has not followed the procedure as required under law. Petitioner has not been served with articles of charge, allegation and grounds of such charge and has not been afforded an opportunity to put his case before the authority. Petitioner has been held liable for embezzlement at his back, without any show cause notice charge sheet, allegations of charge, written statement of defence etc as provided by Rule 33 of CCA Rules. Petitioner has been prejudiced and not dealt fairly in accordance with due procedure laid down by law. Even after submitting his report by so called Inquiry Officer (Chief Inspector Kupwara) petitioner has not been given any opportunity to put his defence before the appointing authority. Intact the order (Annexure P3) pursuant to this inquiry report of passing any punishment petitions has been placed under suspension without anything further. The holding of inquiry, submission of inquiry report by the Inquiry Officer and passing of final order by the appointing authority, as in this case, fall wholly beyond pale of law and infract the due procedure provided under law.
(2.) RESPONDENTS in their objections have not refuted the appointment of Chief Inspector Kupwara, respondent no. 4 as Inquiry Officer by Director Food and Supplies respondent no. 2 under Rule 33c(4) of CCA Rules. It is also not refuted that the procedure provided by Rule 33CA has not been followed. However, it is contended by respondents that the petitioner in league with the Truck Drivers, has misappropriated gunny bags valued at Rs. 64.65G/ - in so far as bags collected from different sale outlets of District Kupwara for despatch to main Office at Gulab Bagh. Srinagar. have not been so despatched/ deposited and not credited in the accounts of the Department. Petitioner infact collected the bags and accompanied the vehicles en -route to Head Office Gulab Bagh. Srinagar. It was for this reason that petitioner was place! under suspension though after the "Inquiry Officer complete the inquiry after complying with Rule 33 of CCA Rules". The inquiry report is based on evidence and petitioner has not presented himself before the Inquiry Officer
(3.) HEARD .