MUZAFFAR HUSSAIN ATTAR, B.S WALIA
Suman Lata Bhagat – Appellant
Versus
State – Respondent
Muzaffar Hussain Attar, J.:
The core and fundamental issue involved in these Appeals is whether the Accountability Commission (for short Commission) is possessed of the power of initiating suo moto proceedings under the Jammu & Kashmir Accountability Commission Act, 2002 (for short Act of 2002).
2. Since the issue involved in these Appeals is common, they are, accordingly, being disposed of by this common judgment, excepting the lead case (LPA 15/2013).
3. These Appeals have arisen out of the judgment of the learned writ Court dated 04th January, 2013, passed in a batch of writ petitions, whereunder the power of the Commission, to initiate suo moto proceedings under the Act of 2002, was called in question.
4. The learned writ Court, vide aforesaid judgment, held regulation 9 of Jammu & Kashmir Accountability Commission Regulations, 2005 (for short Regulations of 2005) to be ultra vires the Act of 2002 and, accordingly, struck down the same. The learned writ court, in consequence of the aforesaid declaration, allowed OWPs 727/2012, 804/2012, 242/2012, 956/2006, 94/2007 & 64/2007. Learned writ Court, however, ruled that the proceedings initiated by the Commission against Smt. S
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