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2019 Supreme(SC) 525

UDAY UMESH LALIT, INDU MALHOTRA
STATE OF JAMMU AND KASHMIR – Appellant
Versus
FARID AHMAD TAK – Respondent


Advocates Appeared:
For the parties : Mr. M. Shoeb Alam, AOR Ms. Fauzia Shakil, Adv. Mr. Ujjwal Singh, Adv. Mr. Gautam Parbhakar, Adv. Mr. Mojahid Karim Khan, Adv. Mr. Ambhoj Kumar Sinha, AOR Mr. Pramod Kumar Sharma, Adv.

JUDGMENT

Uday Umesh Lalit, J.

1. Leave granted.

2. These appeals arise out of three separate judgments passed by the High Court of Jammu Kashmir at Jammu on 11.12.2017 in LPASW No.182 of 2017, LPASW No. 159 of 2017 and LPASW No.180 of 2017.

3. The appeal arising out of decision in LPASW No. 182 of 2017 is taken as the lead matter and the facts leading to said appeal are mentioned in detail.

4. The Respondent was appointed as Junior Engineer, Power Development Department, Jammu and Kashmir in the year 1985 and with the passage of time stood promoted as Assistant Executive Engineer. FIR No. 30 of 2006 -VOJ (Vigilance Organisation, Jammu) was registered against the Respondent at Police Station Vigilance Organisation, Jammu in respect of offences punishable under Section 5(1)(d) read with Section 5(2) of Jammu and Kashmir Prevention of Corruption Act, 2006 and under Section 120-B of the Ranbir Penal Code. In due course of time, sanction for prosecution was granted by the competent authority after having found substance in the allegations. The prosecution in respect of said offence is still pending.

5. On 20.5.2015 a Committee comprising of Chief Secretary – Government of J&K, Principal S



















































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