M.K.HANJURA
Mohammad Yousuf Bhat – Appellant
Versus
State of J&K – Respondent
1. Writ petitions on hand, having akin cause of action, similar set of facts urged, generic gravamen groused, and alike relief supplicated, have been, therefore, clubbed to avert multiple, varied and inconsistent conclusions.
2. The fascicule of facts, necessitous and germane to comprehend the backdrop of the present writ petitions, based whereupon a case has been set in motion and the present legal process built, has its genesis and origin to the envisioning of the claim of the petitioners that their implication in the case FIR Nos. 18 & 19 of 2005 and the sanction for prosecution, has ended in melancholy and uncertainty. The writ petitions are taken ad seriatim.
3. Petitioner, in the writ petition on hand, claims that he was holding the gazetted post in the Social Welfare Department and was inducted in the Time Scale KAS Cadre in the year 2003. He was posted as Assistant Commissioner, Development, Anantnag, in the Rural Development Department, in the year 2004-2005. An FIR bearing no.18/2005 in the police station Vigilance Organisation Kashmir, was lodged qua misappropriation of funds in execution of the electrification work of the Panchayat Ghar buildings in District A
R.S. Nayak v. A. R. Antulay AIR 1984 SC 684. (Para 41)-Relied.
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Km. Hema Mishra v. State of U.P. and others (2014) 4 SCC 453. (Para 55)-Relied.
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