SARWAN SINGH Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved, the petitioner challenges communication of respondent No.2 issued vide his No.ACB-FIR-02/2019-J-990-91 dated 16.01.2019 whereby respondent No.2 has asked respondent No.1, the Administrative Secretary of the petitioner, to initiate action against the petitioner under Government Employees (Conduct) Rules, 1971 and the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (hereinafter referred to as "the Rules of 1956"). The petitioner is also aggrieved of the Government Order No.176-PW(Hyd) of 2019 dated 01.04.2019 whereby, pending enquiry into his conduct, the petitioner has been attached with the Chief Engineer, PHE Department, Kashmir till further orders and in his place one Sh. S.K.Pandita, I/C Superintending Engineer, District Leh has been asked to lookafter the work of Superintending Engineer, Hydraulic Circle Kargil and SE, PDC, Kargil till further orders.

(2.) Before adverting to the grounds of challenge urged in this petition, it would be appropriate to briefly notice the facts leading to the issuance of communication and order impugned in this petition.

(3.) The petitioner is Incharge Superintending Engineer, PHE Department and at the time of issuance of the impugned order of his attachment he was working as Superintending Engineer, Hydraulic Circle, Kargil. The petitioner claims that on the basis of his position in the seniority, he is likely to be promoted to the post of Chief Engineer in the near future. It appears that the respondent No.2, on the basis of some complaint received against the petitioner, conducted a secret verification and found the petitioner having committed a cognizable offence under the Jammu and Kashmir Prevention of Corruption Act. Consequently, FIR No.02/2019 dated 04.02.2019 against the petitioner was registered for commission of offence under Sec. 5(1)(e) read with Sec. 5(2) of the J&K Prevention of Corruption Act on the allegation of acquisition of huge assets both movable and immovable allegedly disproportionate to his known sources of income. The allegations contained in the FIR, if ultimately proved to be true, are so serious in nature that they may even entail termination of services of the petitioner.