Excelsior Correspondent
JAMMU, Aug 19: Allowing an appeal filed by the Union Territory (UT) of J&K, the Supreme Court set aside an order of J&K High Court Division Bench and remanded the matter for fresh consideration.
On behalf of J&K UT, Standing Counsel, Rushab Aggarwal argued that the High Court had not even considered Rule 31 of J&K Civil Service (CCA) Rules before passing the impugned order.
It was further argued that the respondent Pranav Gandotra was accused in three FIRs one of which pertained to disproportionate assets and he, as a Tehsil Supply Officer (TSO), was found in possession of 7 luxury cars including a Mercedes Benz; 4 kg Gold and 11 kg Silver.
It was contended that this form of corruption is the corruption of the worst kind as money in the public delivery system earmarked for poor people was being siphoned.
The Appellants have assailed the order passed by the High Court of Jammu and Kashmir and Ladakh, at Jammu, whereby the suspension of Respondent Pranav Gandotra was revoked and the criminal case has been transferred to the Crime Branch of the UT of J&K.
The Apex Court stated: “We find that interest of justice would be served if the matter is remanded to the High Court for fresh consideration, purely with regard to the legal implication of Rule 31 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956, on the issue whether the delinquent having been suspended, the suspension order has to be renewed from time to time.”
The Supreme Court requested the High Court of Jammu and Kashmir and Ladakh to decide the matter expeditiously, especially for the reason that it is not restoring status quo ante and the same shall depend on the ultimate decision taken by the High Court upon remand.
The respondent was represented by Aakanksha Kaul who stated that High Court judgment was sustainable. The SC was not persuaded and finally allowed the appeal filed by the UT of J&K.
It is pertinent to mention here that a Division Bench of J&K and Ladakh High Court comprising Justice Tashi Rabstan and Justice Rajesh Sekhri had earlier expressed serious concern over the investigation in FIRs registered by Vigilance Organization (now ACB) regarding disproportionate assets of Pranab Gandotra, the then Incharge TSO CA&PD Rajouri and Kalakote and misappropriation of kerosene oil by Mohammad Ashraf and Pranav Gandotra, the then TSOs Kalakote.
The DB had directed that the investigation of the case in all the three FIRs along with the whole record be forthwith handed over to the Crime Branch of J&K Police, which shall complete the investigation within a period of three months.
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