Jammu & Kashmir High Court
Ashok Kumar vs Union Territory Of Jammu And Kashmir on 29 October, 2024
Author: Chief Justice
Bench: Chief Justice
Serial No. 04
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CJ Court
Case:- WP(C) No. 2573/2024
CM No. 6254/2024
Ashok Kumar, age 59 years, S/O Late Sh. Chajju Ram .....Petitioner(s)
R/O Village Sunail, Tehsil Akhnoor, District Jammu
Through: Mr. Rahul Pant, Sr. Advocate with
Mr. Aniruddh Sharma, Advocate.
Vs
1. Union Territory of Jammu and Kashmir
Th. Commissioner/Secretary to Government, Revenue Department
Government of Jammu and Kashmir, Civil Secretariat, Jammu.
2. Financial Commissioner (Revenue), J&K, Revenue Department
Government of Jammu and Kashmir, Civil Secretariat, Jammu.
3. Deputy Commissioner, Doda.
4. Additional Deputy Commissioner, Doda
..... Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG.
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(29.10.2024)
(ORAL)
01. The instant writ petition has been filed, seeking quashment
of the order dated 18.10.2024 (in short, "impugned order")
passed by the learned Central Administrative Tribunal,
Jammu Bench (for short, "the Tribunal") in OA No.
61/1103/2024 titled, "Ashok Kumar Vs. UT of J&K &
Ors.".
02. Learned Senior Counsel for the petitioner submits that the
petitioner, who was working as Naib Tehsildar in the
Revenue Department was falsely implicated in a case
registered vide FIR No. 06/2022 at Police Station, Anti-
Corruption Bureau Central, J&K Jammu, on 29.06.2022
for commission of offences under Section 7 of Prevention of
Corruption Act read with Section 120-B IPC. The petitioner
was initially suspended, but subsequently, as per the
orders of the Review Committee constituted by the
Government for the review of suspension of its officials, was
reinstated and as on today is working as Naib Tehsildar.
03. He further contended that vide Memorandum dated
19.09.2024, the petitioner was issued a charge-sheet for
regular departmental enquiry, which was based on the
same set of allegations, as were contained in the FIR No.
06/2022. The petitioner, accordingly, submitted his written
statement on 03.10.2024 against the said charge-sheet and
objected to the conducting of the regular departmental
enquiry initiated against him, based on the same set of
allegations, on which the FIR had been registered and the
investigation was going on. However, respondents did not
agree to the same, which forced the petitioner to file a case
bearing OA No. 61/1103/2024 before the Tribunal,
challenging the Memorandum dated 19.09.2024, whereby
the Tribunal vide order dated 18.10.2024 had directed the
respondents to expedite the departmental enquiry initiated
against the petitioner and the interim relief prayed for by
the petitioner was rejected. Feeling aggrieved of the same,
the petitioner has approached this Court by way of this writ
petition.
04. In the case at hand, learned Senior counsel for the
petitioner has challenged the impugned order passed by the
learned Tribunal on the ground that the regular
departmental enquiry cannot be initiated against the
petitioner herein on the same set of charges, as alleged in
FIR No. 06/2022. He further submits that the learned
Tribunal should have stayed the departmental proceedings
initiated against the petitioner in terms of Memorandum
dated 19.09.2024.
05. Learned Senior Counsel for the petitioner further submits
that in an identical matter, the Hon'ble Supreme Court as
well as Gujarat High Court have already considered the
same issue. However, the learned Tribunal has failed to
appreciate the judgments passed by the Gujarat High Court
as well as Hon'ble the Supreme Court.
06. Since, the learned Senior Counsel for the petitioner further
submits that the learned Tribunal has rejected the grant of
interim relief but it going further ahead by directing the
respondents to conclude the regular department enquiry
within a period of three months in terms of the direction
passed by the learned Tribunal impugned herein, in such a
situation of the matter nothing shall be left to be
adjudicated by the learned Tribunal in the OA, as the same
shall be rendered infructuous.
07. Heard learned Senior Counsel for the petitioner.
08. Issue notice to the respondents.
09. Mrs. Monika Kohli, learned Sr. AAG who is incidentally
present in the Court, waives notice on behalf of the
respondents.
10. Instead of keeping this writ petition on board, we deem it
appropriate to dispose of this writ petition at this stage by
directing respondents to file reply/counter to the OA before
the learned Tribunal within three weeks and the rejoinder,
if any, be filed by the petitioner before next date of hearing
before the learned Tribunal, with a request to the learned
Tribunal to consider the OA itself on the next appointed
date i.e. 17.12.2024. Ordered accordingly.
11. Till the final consideration of the OA, it is provided that
status-quo shall be maintained as on date qua regular
departmental enquiry against the petitioner as directed by
the learned Tribunal vide impugned order dated
18.10.2024.
12. Parties shall complete the pleadings before the learned
Tribunal as directed hereinabove so that the Tribunal does
not feel any difficulty in final consideration of the OA on the
next appointed date.
13. Disposed of, accordingly along with connected application.
14. A copy of this order shall be forwarded to the learned
Tribunal by the Registrar Judicial, Jammu for information
and compliance.
(M A CHOWDHARY) (TASHI RABSTAN)
JUDGE CHIEF JUSTICE
JAMMU
29.10.2024
Bunty
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
