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| SAC recommendation against Xen stayed | | HC summons records, issues notice | | Early Times Reporter
JAMMU |SEP15 :-Justice JP Singh of J&K High Court Jammu wing in a petition filed by Dharam Veer Koul, the then Xen PWD Udhampur against the recommendation of State Accountability Commission (SAC) has issued notice, summoned the record and stayed the operation imposing severe punishment on the petitioner.
Justice JP Singh, after hearing Sr. Adv DC Raina with Adv Vikram Singh appearing for the petitioner further, observed that it is, however, clarified that pendnecy of the writ petition shall not come in the way of official respondents to examine the recommendations of the Commission and proceed against the petitioner if they decide so to do, in terms of rule 30 of J&K (Classification, Control and Appeal) Rule 1956. Any other orders passed by the respondents on the recommendations of the Commission shall, however, be subject to the final orders which may be passed by this Court in the petition.
Aggrieved of the order dated August 24,2007 passed by the SAC recommending stern action against the petitioner under rule 30 of the CCA Rules in the complaint filed by one Gopal Pachaila, the petitioner challenged the impugned order on grounds, mechanical exercise of powers without considering the objections as well as material and documents available on record, resulting into harassment to the petitioner and putting him to a losing position without appreciating the scope of his duties in the issues raised before the Commission.
The petitioner in his petition has prayed for quashing the order dated August 24, 2007 passed by SAC being ultra virus, illegal and unconstitutional and violative of fundamental and statutory rights of the petitioner and also seeking quashment of the complaint and entire proceedings in the said complaint as not maintainable.
Court after hearing Sr. Adv issued notice to State of J&K through Chief Secretary, Registrar J&K State Accountability Commission, Gopal Pachiala Complainant, MM Sharma SE PWD Udhampur and Com/Secy to Government PWD for service with in one week and also called the record of the case
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