Nafia Nazir vs U.T J&K And Ors
2021 Latest Caselaw 1717 j&K/2

                                                     S. No. 37
                                                     Before Notice Matters
      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                 AT SRINAGAR
                                                       CRM(M) No. 467/2021
                                                         CrlM No. 1500/2021
Nafia Nazir
                                                             .....Petitioner(s)
                         Through:       Mr. Salih Pirzada, Adv.
      V/s
U.T J&K And Ors.                                           ..... Respondent(s)
                         Through:
CORAM:
              Hon'ble Mr. Justice Sanjay Dhar, Judge.
                                    ORDER

31.12.2021 Through the medium of instant petition, the petitioner has sought a

direction upon respondent No. 5-Senior Superintendent of Police, Crime

Branch, Kashmir for completion of preliminary verification in the case

bearing No. PVK No. 79/2021. It appears that the petitioner was holding the

post of Executive Assistant with the respondent No. 3. Certain Audit

observation have been made during the audit inspection wherein it was

remarked that the post of Executive Assistant post held by the petitioner was

already being held by one Ms. Wafa Bhat, who had proceeded on leave and

that the said post was to be held by the petitioner for a period of one year or

till Ms. Wafa Bhat resumed her duty. It appears that a subsequent

observation was made by the Audit Committee. Excerpts whereof have been

reproduced in the petition and the same are given as under:

"It is a matter of interpretation of codal provision whether the post of Executive Assistant could have been advertised in the given circumstances and also whether Ms. Nafia Nazir could have been appointed against the said post of Executive Assistant before forfeiture of claim of Ms. Wafa Bhat to resume her duties in terms of Order No. JKEDI/H-181 dated 25.03.2013."

Page |2 CRM(M) No. 467/2021 CrlM No. 1500/2021

Petitioner had earlier filed a writ petition bearing WP(C) No.

1465/2021 seeking certain directions against the respondent No. 4 herein and

in the said writ petition, the aforesaid facts were highlighted by the

petitioner. The writ petition came to be disposed of by this Court on

02.08.2021 whereby petitioner was asked to submit a representation qua

grievance projected in the writ petition before the respondent therein and

the said respondent was asked to accord consideration to the same on its own

merits within a period of eight weeks from the date of receipt of said

representation.

It seems that pursuant to aforesaid order petitioner has made

representation before respondent no. 4 but the representation has not been

disposed of as the said respondent has intimated the petitioner that

respondent No. 5 who is conducting the preliminary verification has

precluded any further action on the representation of the petitioner. Now the

petitioner has moved the instant petition seeking a direction upon the

respondent No. 5-Crime Branch, Kashmir to culminate the preliminary

verification registered as PVK No. 79/2021 without being influenced by the

comments of the Finance Department or any other authority.

Learned counsel for the petitioner during the course of hearing has

submitted that petitioner would feel satisfied if the petition is disposed of by

directing respondent no. 5-Crime Branch, Kashmir to expedite the

preliminary verification into the aforesaid case after taking into

consideration the audit observation made vide No. JKEDI/J/GO/2013/616-

20 dated 25.03.2013. Learned counsel has further submitted that even

otherwise respondent No. 5 is obliged to complete preliminary verification Page |3 CRM(M) No. 467/2021 CrlM No. 1500/2021

within a period of seven days as per the ratio laid down in the judgment of

Supreme Court in Lalita Kumari Vs. State of U. P, 2014 (2) SCC 1

Accordingly the writ petition is disposed of with a direction to the

respondent No.5-Senior Superintendent of Police, Crime Branch, Kashmir

to conclude the preliminary verification in the case bearing registration No.

PVK No.79/2021 expeditiously with a period of one month from the date of

receipt of this order. While doing so, respondent No. 5 shall accord due

consideration to all the facts and contentions raised by the petitioner in this

petition, whereafter an appropriate view independent of the views taken by

any other authority, shall be taken by the respondent No. 5-Crime Branch,

Kashmir. The petitioner shall provide a copy of this order along with a copy

of the petition to respondent No. 5 forthwith.

Disposed of as above.

(Sanjay Dhar) Judge SRINAGAR 31.12.2021 "Aasif