Excelsior Correspondent
JAMMU, Feb 11: Division Bench of the State High Court comprising Justice Muzaffar Hussain Attar and Justice Tashi Rabstan has dismissed the writ petition filed by former PWD Minister Abdul Majid Wani challenging the notices of State Accountability Commission and issued directions to the Commission to comply with the provisions of Sections 11(3) and 12 of the J&K Accountability Commission Act, 2002.
While dismissing the writ petition, the Division Bench observed, “this court in its decision dated February 1, 2016 in batch of LPAs has understood the importance of protecting the rights of a public functionary. The observations made in the judgment are based on the provisions of Sections 11 and 12 of the J&K Accountability Commission Act, 2002 particularly Section 12 which casts a duty on the Accountability Commission to hold preliminary scrutiny of the complaints to ensure that the false and vexatious complaints are weeded out and the reputation of the public functionary does not come under eclipse”.
The petitioner Abdul Majid Wani, former MLA Doda had filed a writ petition calling in question notices dated November 16, 2015 and December 17, 2015 whereby SAC had asked him to file his comments personally or through a duly authorized person before December 1, 2015.
Senior Advocate K S Johal with Advocate Ashray Choudhary appearing for the petitioner submitted that the Commission has given a go by to Section 12 of the Act and without conducting preliminary enquiry the impugned notices have been issued. He further submitted that the Commission has to record some reasons before the issuance of the notices to the concerned public functionary.
On the other hand, Advocate Rahul Pant appearing for State Accountability Commission submitted that notices have been issued to Abdul Majid Wani in terms of Sub-Section 2 of Section 12 of the Accountability Commission Act for conducting of the preliminary enquiry of the complaint. He prayed for dismissal of the writ petition.
After hearing both the sides, the Division Bench observed, “there is no merit in this writ petition and is accordingly dismissed”. The DB directed the SAC to comply with the provisions of Sections 11(3) and 12 of the J&K Accountability Commission Act, 2002.
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