JUDGMENT :

Wasim Sadiq Nargal, J.

Feeling aggrieved and dissatisfied with the impugned Judgment dated 08.11.2017 passed by the Single Bench of this Court in OWP No.771/2011, by virtue of which, a Writ Petition was filed by the Respondent (Tanveer Gul) under Article 226 of the Constitution with a prayer to quash the ‘Attachment Order’ and ‘Prohibition Order’ passed by the Vigilance Organization Kashmir under Section 8 -B (1) and Proviso to Section 8 -B(1) of JAMMU AND KASHMIR PREVENTION OF CORRUPTION ACT , 2006 the State has preferred this appeal. The learned Single Judge has allowed the Writ Petition and quashed the Impugned Prohibition Order bearing no. SP (ABP)/11-FIR-312-19 dated 01-03-2011 as well as impugned Attachment Order No. SP (ABP)-FIR-37/2010-10-11-15 dated 22.06.2011. The Vigilance Organization Kashmir (VoK) has preferred the present Letters Patent Appeal against the judgment dated 08.11.2017 passed by this Court.

Before proceeding further, it would be apt to give the brief factual background of the case—

Factual Details.

2. The acquisition of land for expansion of National Highway to four lanes in village Lethpora, Pulwama and adjacent villages was required to be made under Land Acquisition Act Svt, 1990 and compensation amount in accordance with the award was to be disbursed amongst eligible beneficiaries /Land Owners by Shri Adil Rashid Naqash, Additional Deputy Commissioner Pulwama in his capacity as Collector Land Acquisition, National Highway (Four Lanes). It was found that during that the period 2009-2010, compensation amount of over Rs. 20 crores meant for disbursement amongst the beneficiaries (Land Owners) whose land was acquired in village Lethpora and adjacent villages was misappropriated. In this connection, FIR No. 174/2010 under section 409,120-B, 467,468, 171 and 420 of RANBIR PENAL CODE was registered at Police Station Awantipora.

3. The Director General of Police, vide his letter no. Legal/GB/44/2010-18371 dated 14-10-2010, recommended the investigation of the case to be made by the State Vigilance Organization. Accordingly, the Government referred the case to Vigilance Organization Kashmir (VOK) for investigation. In this connection, the State Vigilance Organization received a communication dated 27-10-2010 from Government of Jammu and Kashmir, Civil Secretariat, Home Department referring the case FIR No. 174/2010 to State Vigilance Organization relating to misappropriation of over Rs. 20 crore land compensation scam for thorough investigation. Thereafter, Vigilance Organization Kashmir (VOK) proceeded to investigate the matter vide FIR No. 37/2010 dated 08-11-2010 under section 5(1)(c), 5(1)(D) read with Section 5 (2) of Prevention of Corruption Act, 2006 and section 120-B, 409, 468, 471 of RANBIR PENAL CODE , 1989.

4. The investigation conducted by Vigilance Organization Kashmir has revealed as under:—

(a) Misappropriation of compensation amount of over twenty two crores in the year 2009-2010 meant for disbursement amongst eligible beneficiaries (land owners) whose land was acquired for expansion of National Highway to four lanes in village Lethpora, Pulwama and adjacent villages. The Compensation amount was to be disbursed by Shri Adil Naqash, Additional Deputy Commissioner, Pulwama in his capacity as Collector Land Acquisition, National Highway (Four Lanes).

(b) Further, the compensation amount was transferred to the J&K Bank Branch Lethpora without having any official account of Additional Deputy Commissioner Pulwama in the said Branch.

(c) Shri Nazir Ahmad Mir, then Manager - JK Bank Branch, Lethpora in criminal conspiracy with the Collector Land Acquisition and others opened and operated ‘Account No. CD-571, CD-587 and CD-588 in J&K Bank Lethpora in the name of Collector Land Acquisition, Pulwama without following laid down procedure and without obtaining the required authority/specimen si