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| CJM Leh’s removal | | DB stays single Judge’s order | | EARLY TIMES REPORT
JAMMU, JULY-11: A Division Bench of J&K High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Mansoor Ahmed Mir stayed the order of Single Judge where by the Single quashed the removal from service of then CJM Leh Vijay Kumar Attri. Aggrieved by the judgment of Single Judge passed on June 2, 2009, State High Court through its Registrar General filed LPA against the order, which was stayed by the Division Bench after hearing Advocate General M I Qadiri appearing for the appellant until further orders.
In the letters patent appeal filed through Advocate General on various grounds seeking setting-aside the order of Single Judge dated June 2, 2009. in the appeal it has been submitted that respondent no while posted as CJM Leh had committed certain acts of omissions which was brought to the notice of appellant by way of a complaint, a preliminary enquiry was conducted by Vigilance Commissioner (Judicial) of the J&K High Court who submitted report to High Court on basis of which a regular departmental enquiry was directed to be initiated against then CJM Leh. A charge-sheet was framed and served upon then CJM Leh on October 29, 1994 which was replied by the then CJM. The same was considered by the Full Court on its administrative side. In the meeting held on April 24, 1995, the Full Court appointed an enquiry officer to hold an enquiry in the allegations and appointed Justice VK Gupta as the Enquiry Officer. The enquiry officer recorded the evidence of parties but could not submit his report due to his transfer from J&K High Court. Full Court in the meeting held on May 20/21 1996 appointed Justice Bilal Nazki as an enquiry officer who after completion of the enquiry submitted report to High Court which was again placed before Full Court for consideration. Full Court after considering the report of Enquiry Officer resolved that then CJM Leh should be removed from the service. Full Court after considering the reply and representation of then CJM Leh, full Court made a recommendation to the state Govt for imposing the penalty of removal from service, which was challenged by VK Attri in the state High Court and Single Judge quashed the order of removal which was challenged by the J&K High Court in the shape of Letters Patent Appeal and Db stayed the order/judgment. JNF
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