Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI
Ghulam Ahmad Ganie S/o Mohammad Ganie – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
JAVED IQBAL WANI, J.
1. Petitioner in the instant petition filed under Article 226 of the Constitution has prayed for the following reliefs:
a. By issuance of writ, order or direction one in the nature of certiorari, the order No. 124 of 2024 dated 24-10-2024 issued by Respondent No. 2 be quashed.
b. By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to reinstate the petitioner and allow him to discharge his duties as Khilafwarzi Inspector.
c. By issuance of writ, order or direction, one in the nature of mandamus, the respondents be commanded to pay full salary to the petitioner w.e.f. 18-01-2021 till 24-10-2024.
2. Facts emanating from the pleadings and the material on record reveal that certain complaints were lodged before the Divisional Commissioner, Kashmir with regard to illegal sale of migrant property being plot No. 57, situated at Housing Colony Baghi-Mehtab, Srinagar, whereupon the Divisional Commissioner, Kashmir appointed one Dr. Bashir Ahmad Lone (KAS), the then Vice Chairman of Srinagar Development Authority as an Inquiry Officer for holding a preliminary enquiry not only with regard to the sale of said plot of lan
Disciplinary proceedings must adhere to principles of natural justice, ensuring the accused has the opportunity to contest evidence; reliance on a preliminary inquiry report without proper associatio....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Disciplinary inquiry vitiated if Disciplinary Authority acts as Enquiry Officer and prosecutor, records adverse witness statements without cross-examination, relies on unfurnished reports, creating r....
The failure to supply a copy of a preliminary enquiry report can be recognized as prejudicial only if it constituted material for finding guilt or forming the opinion of the Disciplinary Authority.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
