MOHD ASLAM LAIGAROO Vs. STATE

JUDGEMENT

(1.) PETITIONER has initially filed SWP No: 974/ 1998 putting challenge to the order of suspension etc. and said petition seems to have been withdrawn on the plea that it has some formal defect. However, I had cursory look over both the petitions and I donâ„¢t find any format defect apparent in the previously instituted petition which necessitated withdrawal of the same and filing of fresh petition Anyway, this will be subject to other legal pleas to be taken by the offence in this respect, regarding maintainability of the writ petition.

(2.) TO appreciate the arguments advanced by Ld. counsel for the parties, a brief resume of the facts require to be made. Way back in the year 1995, P/S Vigilance Organization Kashmir (VOK) registered a case under FIR No. 28 of 1995 under sections 5(2) of P. C. Act, 2006, Section 12 and 14 of the J&K Public Men and Public Servants Declaration of Assets and other Provisions Act, 1983 against the petitioner Mohd Aslam Wani alias Laigaroo the then Director Estates Department, R/O Baghi Hyder, Srinagar.

(3.) IT is alleged that VOK had received a copy of letter No. Home (Vig) M -32/KS dated 1 -9 -1995, sent by Under Secretary to Government, Home Department (Vig.) addressed to the petitioner wherein it was alleged that he has failed to submit his property statements after 1986. It is also alleged that the petitioner was in possession of disproportionate assets.