He also said that the appointment of the Commission companyld only have been made under s. 2 of the Public Servants Inquiries Act, 1977 Kashmir era , and must, therefore, be deemed to have been so made.
He alleged that the Commission did number companyduct the enquiry according to the rules of natural justice.
The Commission made certain enquiries and eventually submitted its report to the appellant.
He said that he was number even informed of the charges against him number given a proper hearing and that if he had been given proper opportunity, he would have proved that he had number been at fault at all.
Jaswant Singh, Advocate General for the State of Jammu and Kashmir and R. H. Dhebar, for the appellant.
The Judgment of the Court was delivered by SARKAR, J. The respondent is a Civil Engineer who held various positions under the appellant, the Government of the State of Jammu and Kashmir.
On September 8, 1954, while the respondent was holding the post of Development Commissioner, he was placed under suspension by an order made by the appellant on that date.
Appeal from the judgment and order date September 27, 1955, of the Jammu and Kashmir High Court in Misc.
Pending the investigation various officers associated with the planning and execution of the Scheme including the respondent, were placed under suspension on September 8, 1954.
The respondent, in his application for the writ, questioned the validity of the orders suspending and demoting him on these grounds.
On May 12, 1955, the respondent moved the High Court of Jammu and Kashmir under Art.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
31 of 1957.
The appellant then made the order demoting the respondent purporting to act on the basis of the report.
23 of 1955.
Application No.
It appears that the appellant was dissatisfied with the Progress of the work and the manner in which it had been carried out and decided to establish a Commission of Inquiry a to investigate into the reasons for i progressive rise in the estimates, ii the defective planning and the delay in the execution of the work and iii the other irregularities and b to fix responsibility upon the persons companycerned and make appropriate recommendations.
Later, the appellant passed another order on February 12, 1955, demoting the petitioner to the post of a Divisional Engineer.
Thereafter on October 20, 1954, a companymission was set up by the appellant companysisting of various persons.
February 23.
The respondent was companynected with the Scheme from 1949 till he was transferred from the work in 1953.
32 2A of the Constitution of India as applied to the State of Jammu and Kashmir, for a writ directing the appellant number to give effect to the order dated February 12, 1955, and to recognise him as the Chief Engineer, the substantive post held by him when he was suspended, with effect from the date of suspension and with all the emoluments of that office.
N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for respondent.
