Jammu, May 08: In O.A./494/2026 (JAMMU) [ INQUIRY ] With M.A./610/2026 titled VISHAL BALI Vs POWER DEVELOPMENT DEPARTMENT after hearing CAT ordered as under:-
Learned counsel for the applicant has filed an affidavit, same be placed with the file. M.A. No. 610/2026 has been filed in this O.A. with the averments that during pendency of O.A. in which applicant has challenged the departmental inquiry initiated by the respondents, respondent no. 1 has issued show cause notice No. PDD-HRM/86/2021-05 (CC: 69645) dated 24.04.2026 proposing to impose major penalty of dismissal from service under Rule 30 (viii) of Jammu & Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956 to the applicant, purportedly based on the inquiry report submitted by the inquiry officer.
It is urged by the learned counsel for the applicant that inquiry has not been conducted in accordance with Rule 33 of J&K CCA Rules, 1956 as Inquiry Officer has not served copies of Memorandum, Article of Charges and Statement of Imputations to the applicant as per communication dated 05.12.2022 of respondent no. 1 and the Inquiry Officer, without following the mandate of aforesaid Rule, has conducted the inquiry.
It is further submitted by the learned counsel that witnesses who were, part of the trap team, were not examined by the inquiry officer besides the judicial proceedings are pending before the competent court of law in connection with FIR No. RC0042021A0009 dated 30.09.2021 registered by CBI, ACB under Section 7 of the Prevention of Corruption Act.
Learned counsel further submitted that as per inquiry report (Annexure- A8), the inquiry committee has submitted that evidence(s) are yet to be produced by CBI in the court of law and it is only after conclusion of trial of the case, it can be decided regarding admissibility of evidence(s) on probabilities.
In support of his arguments, learned counsel has relied upon the judgment of the Hon'ble High Court dated 03.06.2019 passed in WP(C) No. 2033/2019 titled Pawan Kumar and Ors. Versus State of J&K and others.
Admitted.
Issue notices to the respondents, returnable by the next date of hearing.
Mr. Hunar Gupta, learned D.A.G. appears and accepts notices on behalf of the respondents.
Learned D.A.G. submitted that proper procedure has been followed by the Inquiry Officer, as such, proposed penalty of dismissal from service, is justified as per show cause notice dated 24.04.2026.
Heard and considered.
This O.A. was filed by the applicant on 20.04.2026 without placing on record the inquiry record on the basis of which, the applicant was apprehending some adverse order against him.
Now with the issuance of show cause notice dated 24.04.2026 by the respondent no. 1 to the applicant, the penalty of dismissal from service has been proposed against the applicant.
At this stage, learned counsel for the applicant has stated that some time be granted to file the amended O.A. for assailing the show cause notice.
Prayer is accepted. List this case on 26.05.2026.
Meanwhile, as in interim measure, subject to objections of the other side and till next date of hearing, status quo as on today, shall be maintained and no coercive steps be taken against the applicant in pursuant to the show cause notice dated 24.04.2026.
Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J)
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