Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 7371 (JK)

MOHAMMAD YOUSUF KHAN AND ANR v. UNION TERRITORY OF J AND K AND ORS(TRANSPORT CORP)

WP(C)/1106/2025 · 2025-05-19

Vinod Chatterji Koul

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 20 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1106/2025 Mohammad Yousuf Khan and Anr. …Appellant/Petitioner(s) Through: Mr. Sheikh Mushtaq, Advocate Vs. UT of J&K and Ors. ...Respondent(s) Through: Mr. Furqan Yaqoob, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 19.05.2025 1. Quashing of Order No. JKRTC/GMA/EC-III/1369 dated 19.04.2025 and subsequent relieving Order No.JKRTC/TMC/SGR/20 dated 21.04.2025 are sought in this petition. The petitioners also seek a direction upon respondents to consider and take a decision on representation filed by them. 2. The case of petitioners is that the anonymous complaints were filed against them by some conductors whose service were being hired on outsourcing basis by the respondent-corporation, alleging therein that the petitioners had demanded bribe from such conductors. The said complaints have neither been provided to petitioners nor do those disclose the names of complainants. The respondent No.3 vide communication dated 13.02.2025 directed the respondent No.5 to investigate the matter, who after conducting in-depth enquiry vide communication dated 07.03.2025 submitted its report before the respondent No.3. The respondent No.5 in its report mentioned that nothing incriminating was found against the petitioners as they were performing their duties with utmost satisfaction. However, despite exonerated from the allegations, the petitioners by virtue of communication dated 21.04.2025 were directed to report to the General Manager (Administration) for enquiry. It is also stated that petitioners are being subjected to an enquiry initiated on the basis of anonymous complaints, which were not made available to them and that respondent No.4 is pressurizing them to admit the guilt despite the fact that the respondent No.5 has conducted enquiry and found nothing incriminating against them. 3. It is submitted by learned counsel for the petitioners that petitioners are not against the conduct of enquiry but they want enquiry should be conducted by some officer other than respondent No.4 as he is biased and pressurizing the petitioners to admit the guilt. It is submitted by learned counsel for the petitioners that the petitioners have moved a representation before the respondent No.2 requesting therein for change of the Inquiry Officer and conduct of impartial enquiry into the matter in accordance with the principles of natural justice, but the same has not been considered till date. 4. It is submitted by Mr. Furqan Yaqoob, learned counsel for the respondent Nos. 1 to 3 that the respondents would consider the representation made by petitioners in accordance with law within a period of ten days. 5. Having regard to the submissions made by learned counsel for the parties, this petition is disposed of with a direction to the respondent No.2 to consider and decide the representation of petitioners for changing of Inquiry Officer, pending before it within a period of ten days from the date copy of this order is made available to him. Till then the respondent no.4 shall stay away his hands from inquiry. 6. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 19.05.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 21.05.2025 17:34