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2013 Supreme(J&K) 24

HASNAIN MASSODI
Mohinder Singh Ors. – Appellant
Versus
State Th. Accountability Commission and ors – Respondent


Advocates Appeared:
Mr.S.K.Shukla, Advocate Mr. B.S. Salathia, Sr. Advocate with Mr. Ashish Sharma, Advocate Mr. D.C. Raina, Sr. Advocate with Mr. Anil Verma, Advocate Mr. U.K. Jalali, Sr. Advocate with Ms. Neha Bakshi, Advocate Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate Mr. Abhinav Sharma, Advocate Mr. Virender Bhat, Advocate Mr. Ajay Sharma, Advocate
Mr.Gagan Basotra, Sr. AAG Mr. Sunil Sethi, Sr. Advocate with Ms.Veenu Gupta, Advocate Mr. S.S. Lehar, Sr. Advocate with Mr. S. Meharban Singh, Advocate Mr. D.S. Thakur, Sr. Advocate with Ms. Aruna Thakur, Advocate Mr.S.S. Ahmed, Advocate Mr. H.C. Jalmeria, Advocate

1. Whether the Accountability Commission established under Jammu and Kashmir Accountability Commission Act, 2002, has power to suo-moto direct investigation, inquiry or proceedings against a public functionary under the Act, is the question that calls for an answer in the writ petitions on hand. In all the petitions, the Accountability Commission (hereinafter, the Commission) has suo-moto initiated proceedings under the Act against the petitioners.

2. Before an effort is made to find answer to the pivotal question on which fate of writ petitions on hand hinges, it would be appropriate to make a brief survey of background facts.

3. Shri Mohd. Shafi Indrabi filed a complaint being No.J- 115/2006 before Accountability Commission under Section 11 of the Act, against Smt. Sunali Kumar, Principal Secretary Health and Medical Education Department and Ranjit Kour, Ex- Principal/tutor of AMT School, Srinagar, alleging financial irregularities by the respondents while running affairs of AMT School, Srinagar and violation of rules in making admissions in AMT, School. The Commission on 3rd March 2006, on perusal of the complaint, record made available by the parties and after hearing counsel for












































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