VIJAY KUMAR ATRI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER through the medium of present petition has impugned order of his removal from service bearing No. 1343 -LD(A) of 2000 dt. 29th of Aug2000.

(2.) PETITIONER came to be appointed as Munsiff in the year 1980. He was promoted as Sub Judge in the year 1988. While the petitioners posting as Chief Judicial Magistrate, Leh, some complaints were received against him. An inquiry came to be conducted by the Vigilance Commissioner (Judicial), without the association of the petitioner. A report in this regard came to be submitted by the aforesaid Commissioner to the High Court. On the basis of the report, a departmental enquiry was contemplated against the petitioner. Pending said departmental enquiry, the petitioner was placed under suspension vide order No.359 dt. 28th of July94. A charge sheet was framed and served upon the petitioner on 29th of Oct94. Along with the articles of charge, the statement of articles of allegations and the evidence proposed to be relied upon in support of the charges was also communicated to the petitioner. Reply to the charges was filed by the petitioner on 22nd of Dec94, which was considered by the Full Court in its meeting held on 24th of April95. After considering the said reply, the Full Court took the following decision: -

(3.) THE Inquiry Officer recorded the evidence of the parties. But thereafter on transfer of Mr Justice V.K. Gupta, who was the Inquiry Officer, the matter was again placed before the Full Court for appointing a new Inquiry Officer. Accordingly in its meeting dt. 20th and 21st of May96, the Full Court appointed Honble Mr Justice Bilal Nazki, as the Inquiry Officer. On completion of the enquiry, a report was submitted to the High Court which was again placed before the Full Court. The Full Court, after considering the report of the Inquiry Officer, was of the view that the petitioner is not a fit person to be retained in service and that a major penalty of removal from service should be imposed upon him. Accordingly, a show cause notice in this regard bearing No. 222/GS dt. 10th of April98, was served upon the petitioner vide which he was given an opportunity to make a representation on the penalty proposed above. The petitioner responded to the said show cause notice by way of reply/representation dt. 8th of May98. After considering the said reply, the Full Court made a recommendation to the State for imposing the penalty of removal from service on the petitioner under Rule 30(vii) of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. Having accepted the said recommendations, the order impugned, referred to above, came to be passed against the petitioner removing him from services with immediate effect. It is this order, which as indicated above, is the subject matter of challenge in the present petition.