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2016 Supreme(J&K) 311

DHIRAJ SINGH THAKUR
Rakesh Kumar Pargal – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.S. Ahmed

JUDGMENT :

Dhiraj Singh Thakur, J.

1. The petitioner challenges the order dated 25.2.2016 whereby he has been placed under suspension based upon a complaint received from the President's Secretariat, Rashtrapati Bhawan, New Delhi and the Governor's Secretariat, Raj Bhawan, Jammu. According to the order impugned, pending an enquiry into the complaints regarding embezzlement, misappropriation, possession of disproportionate assets and negligence, the petitioner has been placed under suspension and attached with the directorate of CAPD till further orders.

2. The order impugned is questioned on the ground that the same was based upon an anonymous complaint and could not have been so entertained as the same was contrary to the Circular No. 22-GAD (Vig) of 2015 dated 10.7.2015.

3. The second ground on which the order impugned is challenged is that one Harbhajan Singh-Respondent No. 4 had consistently in the past been making frivolous complaints against the petitioner from time to time. It was further urged that respondent No. 4 was also involved in a mob attack against the officers of the CAPD department, leading to registration of an FIR in which his name subsequently also figured and that



































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