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Srinagar, Sep 17: In M.A./1309/2025 (SRINAGAR) [ Interim order ] In O.A./504/2024 titled MUSHTAQ AHMAD BUHROO Vs REVENUE DEPARTMENT after hearing CAT ordered as under:-
01/ Through the medium of instant M.A, arising out of O.A 504/2024, a direction is sought upon the Commissioner Secretary to Government, General Administration Department (GAD) for furnishing the report as regards any pending F.I.R or P.E against the petitioner herein.
02/ Learned counsel for the petitioner submitted that vide communication dated 16-06-2015, addressed by the Additional Secretary to Government, GAD to the Divisional Commissioner, Kashmir, it was mentioned that vigilance clearance, in respect of the petitioner herein, shall be conveyed seperately. Learned counsel further submits that it is more than 09 years now that same has not been done by the Additional Secretary to Govt. GAD, and the petitioner has been made to wait past 09 years.
03/ The prayer of the petitioner supra appears to be innocous as what is sought by him is only a communication to be addressed to the Divisional Commissioner, Kashmir, as regards his involvement, if any, in any F.IR or P.E pending against him.
Even otherwise an employee has a right to know as to whether there is any F.I.R or P.E pending against him/her.
The continuous silence of the respondent No.1, particularly for an innocuous prayer, can be termed as mala fide and arbitrary and against the Doctrine of Fairness.
04/ In this view of the matter, Mr. Rais ud din Ganai - DAG is directed to produce, in a sealed cover, the relevant information before this court on next date of hearing as regards any pending F.I.R or P.E against the petitioner.
He is also directed to convey this order to the respondent No.1.
05/ List for consideration on 14-10-2025.
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