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2008 Supreme(J&K) 102

NISAR AHMAD KAKRU
Mushtaq Ahmad Wani – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Bhat Fayaz Ahmad
Advocate For Appellant: Asifa
Advocate For Respondent: M.A. Beigh

1. This writ petition against the order of suspension, emanating from the allegations of corruption, resulting in trap, laid on the petitioner-Block Development Officer by the Vigilance Organization, way back in the year 2002 in the main market of Bandipora, was dismissed by judgment dated 2nd of August 2006 which was challenged before the Division Bench in LPA 319/2006.The LPA was allowed or the grounds extracted hereunder;

".... We have heard learned counsel for the parties and examined the impugned judgment. We find that the Writ Court has omitted to deal with the contentions raised by the appellant in his writ petition. Admittedly, his case was that his suspension is violative of principles of natural justice and government instructions, and could not have been ordered after four years of incident - which pleas should have been considered and dealt with by the Writ Court in the light of stand taken by the official respondents, which has not been done Appellant is, therefore, justified in expressing his grievance that the writ Court has over looked the grounds of challenge taken by him against the suspension order...."

2. The observations of the Division Bench, (sic) that alterati

























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