Jammu & Kashmir High Court - Srinagar Bench
Mohammad Ashraf Bhat vs State Of Jk & Ors. on 17 August, 2017
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SWP No.1570/2017
MP No.01/2017
Date of Order: 17th August, 2017
Mohammad Ashraf Bhat
Vs
State of JK & Ors.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge
Appearing Counsel:
For the Petitioner (s): Mr. Zahoor Ahmad Shah, Advocate.
For the Respondent(s): Mr. Sajad Mohi-ud-din, GA.
i. Whether approved for reporting in
NET Yes/No
ii. Whether approved for reporting in
Digest/Journal Yes/No
1. Going by the nature of relief sought for, this writ petition is admitted to hearing and is taken up for final disposal.
2. The writ petition, which is of the year 2017, has been filed for the following relief(s):
"i. That by issuance of a writ of Certiorari in favour of the petitioner against the respondents quashing the order impugned No.430-H/O 55 dated 05.06.2017 (Annexure-F).
ii. That by issuance of a writ of Certiorari in favour of the petitioner against the respondents quashing the order impugned No. 5534-37/BCCB/HO dated 28.03.2015 (Annexure-D).
iii. That by issuance of a writ of Mandamus commanding the respondents to reinstate the services of petitioner and release the salary in favour of the petitioner and be further directed to reinstate the petitioner.
iv. That by issuance of a writ of Mandamus commanding the respondents to grant compensation to the petitioner and respondent No 3 be personally directed to compensate the petitioner the damages and loss suffered by the petitioner and also the loss of education suffered by the daughter of petitioner as stated here to fore."
3. According to the petitioner, he is a member of services of Baramulla Central Cooperative Bank and his service conditions are governed by SRO 233 of 1988 (Jammu and Kashmir Cooperative Societies Rules, 1988). The petitioner pleads that ________________________________________________________________________ {SWP No.1570/2017} Page 1 of 3 he has been suspended for charge of embezzlement of Bank funds, and, in this regard, he has made a representation in January, 2017. Since the said representation has not been considered, the petitioner filed a writ petition, being SWP No.768 of 2017, which came to be disposed of by this Court with a direction to the Managing Director, Baramulla Central Cooperative Bank, Baramulla, to dispose of the said representation on its own merits. The aforesaid representation was disposed of in terms of order under challenge dated 5th of June, 2017, passed by the Managing Director, Baramulla Central Cooperative Bank, Baramulla, relevant part whereof reads as under:
"Whereas, the Competent Authority to accord consideration to the request of Shri Mohammad Ashraf Bhat made in the communication dated 09.01.2017 and to take final call in the matter is the Chairman Baramulla Central Co- Operative Bank, Baramulla, coupled with the fact that in the case of criminal act and conduct of embezzlement of the Bank money committed by Shri Mohammad Ashraf Bhat as admitted by him in the communication dated 09.01.2017 the Managing Director being not the competent authority is not in a position for want of legal competence as well as the gravity of the charge of embezzlement to entertain and accord consideration to the request of Shri Mohammad Ashraf Bhat."
4. A perusal of the aforesaid proceedings dated 5th June, 2017, reveals that, in effect, the Managing Director states that he is not the competent authority to deal with the issue on merits as it relates to embezzlement of funds and the Chairman alone is the competent Authority to deal with such matters.
5. Apparently, the earlier writ petition was disposed of at the admission state without notice to the Respondents, ________________________________________________________________________ {SWP No.1570/2017} Page 2 of 3 and, therefore, the Respondent-Bank was not in a position to state as to who would be the competent person to decide the matter. Now, the issue stands clarified by the aforesaid order of the Managing Director dated 5th of June, 2017, that the Chairman will be the competent Authority to decide the issue.
6. Mr. Sajad Mohi-ud-Din, the learned Government Advocate, states that the Chairman, Baramulla Central Cooperative Bank, Baramulla, will accord consideration to the claim of the petitioner within such timeframe as may be stipulated by this Court.
7. In this view of the matter, while declining the relief of certiorari, the instant writ petition is disposed of by directing the Chairman, Baramulla Central Cooperative Bank, Baramulla, to decide the claim of the petitioner with regard to revocation of his suspension and consequential benefits including 'Suspension Allowance' on its own merits within a period of four weeks from the date of receipt of certified copy of this order.
8. With the aforementioned directions, the writ petition alongwith connected MP(s) shall stand disposed of.
(Ramalingam Sudhakar) Judge Srinagar August 17th, 2017 "TAHIR"
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