Excelsior Correspondent
Srinagar, May 3: High Court today held that without framing charges it cannot be said that the accused has committed the offence.
Justice Sanjeev Kumar while quashing the order of trial court, said when charge is yet to be framed, it cannot be presumed that the allegation levelled in the charge-sheet prima facie constitute commission of any offence by the accused.
With these observations Court quashed the impugned order with the directions that nothing prevents the State to proceed against the delinquent public servants-accused in the challan under the relevant Service rules and initiate appropriate departmental action, if warranted in the facts and circumstances of the case.
Justice Kumar further said, that in any case, the trial Court is not vested with any such jurisdiction where it could initiate or direct initiation of departmental action against the delinquent for committing misconduct in service.
This judgment has been passed in a petition filed by one Ghulam Mohi-ud-din Bhat along with 12 others who are facing trial in case FIR No.17/2011 before Special Judge Anticorruption, Srinagar.
The Judge on January 18 had taken cognizance of the charge-sheet submitted by the Vigilance Organization, Kashmir and also took note of the allegations contained in the charge-sheet submitted by the Vigilance Organization with regard to illegal
appointments made by the accused-petitioners while they were holding public office.
Court after hearing both the sides said the trial court while taking cognizance of the charge-sheet presented by the Vigilance Organization went overboard and called upon the Commissioner/Secretary to Govt., Housing and Urban Development Department to explain as to why the disciplinary action in the matter has not been taken against the accused public servants who have made the illegal appointments and also as to why the beneficiaries of the illegal action have been allowed to continue.
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