I.K.KOTWAL, GH.MOHAMMAD MIR, A.S.ANAND
State Of J. &K. – Appellant
Versus
Ab. Ghani Patwari – Respondent
(1) This appeal was initially heard by two of us, namely, Anand J and myself, and we being of the view, that the controversy involved in the appeal was of some importance, which needed an authoritative pronouncement by a larger Bench, we recommended constitution of a larger Bench to hear the appeal. That is how it has been placed before a Full Bench.
(2) The facts leading to the appeal, briefly put, are as follows: The respondent, a Govt: servant was tried by the Anti Corruption Commission (non-gazetted), under the Jammu and Kashmir Govt. Servants Prevention of Corruption (Commission) Act, 1962, hereinafter referred to as the Act, and was found guilty. The Commission accordingly transmitted its report to the Governor, recommending therein certain punishments, short of dismissal from service, to be imposed on him. The Governor issued a notice to the respondent to show cause as to why he be not dismissed from service and even after considering the reply of the respondent, imposed on him the punishment of dismissal from service. The respondent not only challenged this order in a writ petition, also challenged the entire proceedings before the Commission on a number of grou
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