PAWAN KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners, who are serving as Tehsildar, Vijaypur, Naib Tehsildar and Girdwar Circle, Gurha Salathia respectively had earlier called in question the communication of respondent No. 5 bearing No. DCS/PS/2018-19/2178-83 dated 22.03.2019, whereby respondent No. 5 had recommended to respondent No. 4 that in view of the preliminary inquiry conducted by the Sub Divisional Magistrate, Vijaypur, a disciplinary action was required to be initiated against the petitioners. This was assailed by the petitioners in SWP No. 604/2019. The writ petition was dismissed being pre-mature as respondent No. 3-Divisional Commissioner had yet not taken any decision on the recommendations of respondent No. 5. However, this Court while disposing of the petition directed that if the disciplinary action is contemplated against the petitioners, the same shall be taken in tune with the Rule 33 of the J&K Civil Services (Classification Control and Appeal) Rules, 1956 (hereinafter referred to as "the Rules of 1956") in which the petitioners would also be afforded adequate opportunity to defend themselves.

(2.) It appears that in compliance to the order dated 26.03.2019 passed by this Court, the respondents initiated regular departmental action against the petitioners. This is apparent from the communication of the Office of Financial Commissioner, (Revenue) J&K bearing No. FC(Coord-Vig) 91/2019 dated 16.05.2019 addressed to respondent No. 4.

(3.) The petitioners are aggrieved of the aforesaid communication and have assailed the same on the grounds that it violates the provisions of Rule 33 of the Rules of 1956 and directions issued by this Court on 26.03.2019 while disposing of writ petition bearing SWP No. 604/2019. The show cause notice issued by respondent No. 5 on 16.03.2019 too has been assailed.