Jammu, Aug 31: The High Court of Jammu & Kashmir and Ladakh Division Bench of Acting Chief Justice Sanjeev Kumar and Justice Mohd. Yousuf Wani in Case Title: State of J&K and Others v. Abdul Sattar Lone, in LPAW No. 93/2012 allowed the State’s appeal and restored the dismissal of a Head Constable accused of embezzling over Rs 90 lakh from the State Treasury.
The dismissal arose from departmental proceedings concerning his unauthorised absence.
Setting aside the Writ Court’s judgment, the Bench held that the dismissal could not operate retrospectively without statutory authority, but the invalid retrospective portion was severable.
It sustained the dismissal from May 11, 2007, and permitted the authorities to deal with the preceding period of absence under the applicable rules.
The respondent was serving as a Head Constable/Cashier in the 8th Battalion, J&K Armed Police, when he was arrested by the Crime Branch in connection with a case registered under Section 409 RPC and placed under suspension.
The allegation was that he had fraudulently added the digit “9” to an arrear bill of Rs.3,51,563 and thereby misappropriated more than Rs.90 lakh from the State Treasury.
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