SWP No. 1933/2009. Case: Ali Mohammad Wani Vs Union of India and Ors.. Jammu and Kashmir High Court

Case Number:SWP No. 1933/2009
Party Name:Ali Mohammad Wani Vs Union of India and Ors.
Counsel:For Appellant: S.H. Thakur, Adv. and For Respondents: I.M. Nehvi, Adv.
Judges:Mohammad Yaqoob Mir, J.
Issue:Service Law
Judgement Date:August 13, 2015
Court:Jammu and Kashmir High Court
 
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Judgment:

Mohammad Yaqoob Mir, J.

  1. Aggrieved by the order dated 26.07.2007, passed by Chief Manager (Disciplinary Authority)-respondent No. 3, where-under petitioner has been dismissed from service, the instant petition has been filed.

  2. Petitioner was appointed as Watchman in the respondent Bank in the year 1985 vide order dated 21.03.1985. In the year 1993, due to shortage of staff, the petitioner had been asked to officiate as a Clerk and was paid officiating allowances. In the said capacity he allegedly had falsified an account by altering the amount on the vouchers, as a result whereof an amount of Rs. 22,64,271/- was excessively and wrongly withdrawn in piece-meals by tampering the bank records relating to SB Account A/C No. 19274 of Mr. Mir Khalil. When same surfaced, he was placed under suspension on 08.05.1993. Report was also lodged in Police Station, Maisuma for commission of offences punishable under Sections 420, 468, 471, 477-A, 409, 120B RPC. The investigation of the said case culminated in presenting charge sheet (challan) before the Court of Chief Judicial Magistrate, Srinagar against the petitioner and one Mohammad Khalil. After facing trial both have earned acquittal as is clear from the judgment passed by learned Chief Judicial Magistrate, Srinagar, on 20.04.2009, copy of which is placed on records.

  3. Petitioner challenged the order of suspension and the recovery proceedings through the medium of writ petition (SWP) No. 629/2003. Then again another writ petition (SWP) No. 534/2004 where-under FIR No. 33 of 1993 was challenged. SWP No. 629/2003 stands disposed of vide judgment dated 3rd June, 2005 with direction to Chief Judicial Magistrate, Srinagar to conclude the trial of the case within a period of nine months but same could not fructify as the trial continued.

  4. After a gap of almost 14 years from the date of occurrence, departmental enquiry had been instituted against the petitioner on 13.6.2007 which has been completed by the enquiry officer and the report of enquiry is shown to have been prepared and sent to the Disciplinary Authority on 17.07.2007. Based on the recommendations of the enquiry officer, the Disciplinary Authority has passed the final order dated 26.07.2007 terminating services of the petitioner. Subsequent thereto, the criminal trial as was pending was also concluded where-under petitioner was acquitted vide judgment dated 20.04.2009.

  5. First contention of the learned counsel for the petitioner...

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