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| HC issues notice to SAC, private respondent | | Writ for declaring J&K Accountability Act ultra-vires | |
Jammu, March 15
Justice Nirmal Singh of J&K High Court Jammu wing in a writ petition filed by Kasturi Lal Mahajan seeking direction to declare the provisions of J&K Accountability Commission Act 2002, Rules 2005 and Regulations 2005 as ultra vires to the Constitution of India and volatile to Article 14 of the Constitution of India, has issued notice to state through Chief Secretary, State Accountability Commission (SAC) through its secretary and Raj Kumar Nargotra to file objections.
This writ petition filed by one Kasturi Lal Mahajan in which it has been submitted that the SAC, as being unconstitutional and illegal contrary to the settled law that the J&K Accountability Commission has passed the impugned order whereby the regular enquiry has been directed by the commission and same is challenged by the petitioner. In this petition Advocate AK Sawhney with Advocate Assem Sawhney appeared for the petitioner. During the argument submitted that the provisions of the Accountability Commission Act are violative to the Constitution of India and the enquiry as a Trial and recommendations, report is a punishment with no appeal, no remedy seeking striking down the same. In the petition it has been submitted that interpretation to the constitutional points and structure of the Accountability Act is vires of the Act itself.
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