Excelsior Correspondent
SRINAGAR, June 28: The High Court today upheld the dismissal of a Judicial Officer from his services citing that the delinquent officials were supplied with show cause notice of proposed penalty against him and he responded the same also.
The petitioner-Javaid Ahmad Nail, who was serving as Munsiff Pulwama in Kashmir Division, was removed from the judicial service by the Governor on 23.07.2019 on the recommendations of the Full Court in view of his proven misconduct.
The charges of misconduct against the delinquent official are that in the year 2011, when he was nominated as Duty Magistrate during winter vacations, he, exercising the powers of Sub-Registrar of the District, registered five sale deeds. These sale deeds were in respect of 450 kanals and 17 marlas of land belonging to a migrant.
On the allegation that five sale deeds of immovable property belonging to the migrant were registered by the petitioner-Naik as Sub Registrar by facilitating the evasion of stamp duty to the tune of Rs 32 lakhs in conspiracy with one Nazir Ahmed Naqash and others and one Bashir Ahmed Khanday, resident of Khandaypora, Awantipora made a written complaint to the Chief Justice, Supreme Court of India with a copy to the Chief Justice of J&K high Court.
The full court had recommended his removal from the judicial services with the remarks that he was not worthy of retention in the judicial service. The petitioner-Naik feeling aggrieved of his termination has invoked the extraordinary writ jurisdiction for quashing the order of his dismissal as also the show cause notice issued for proposing penalty of removal to him from judicial services.
The petitioner additionally had sought to assail the recommendations made by the Full Court to the Governor of the then State of Jammu and Kashmir for imposition of penalty of his removal from the judicial service.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjeev Kumar after elaborate discussion made by both the counsels recorded that the petitioner was supplied the copy of enquiry report along with show cause notice of proposed penalty and he not only responded to the notice vis-à-vis the proposed penalty, but in his reply, he also contested the enquiry report on merits as such the argument of his counsel, therefore, fails.
The DB said that there is no doubt in mind that the High Court by providing a copy of the enquiry report to the petitioner along with show cause notice of proposed penalty envisaged under Article 311 of Constitution of India read with Section 126 of Constitution of Jammu and Kashmir substantially complied with the principles of natural justice.
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