Excelsior Correspondent
JAMMU, Feb 18: High Court has dismissed the petition filed by the then ARTO Bipan Singh Charak challenging the disciplinary proceedings and show-cause notice issued to him by the State respondents in an ongoing inquiry.
Advocate S S Ahmed appearing for the petitioner argued, “show cause notice is bad in law and requires to be quashed on the ground that Inquiry Officer has not complied with Rule 33(1) of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956”, adding “respondents have not furnished copy of inquiry report to the petitioner as required under law, as such, entire proceedings drawn are in breach and violation of CCA Rules”.
After hearing Advocate S S Ahmed appearing for the petitioner whereas Advocate General MI Qadiri with AAG Ravinder Sharma for the State, Justice Mansoor Ahmed Mir observed, “respondents are under obligation to issue show cause notice to the petitioner to explain as to why proposed penalty be not imposed upon him and the petitioner has a right to submit his explanation to the show cause notice within the time frame”.
“But, in the present case, petitioner instead of showing cause has invoked writ jurisdiction of this Court thus has stalled inquiry proceedings. Virtually, the petitioner has restrained the respondents from passing final order”, Justice Mir said, adding “the respondents have furnished copy of proceedings thus writ petition against show cause notice is not maintainable and accordingly dismissed along with connected CMPs”.
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