HC dismisses petition of sacked judge
Srinagar: A division bench of the J&K & Ladakh High Court on Tuesday dismissed a writ petition by an ex judge challenging his order of removal from service on the allegations of “committing” a big financial fraud.
The bench of Chief Justice Pankaj Mithal and Justice Sanjeev Kumar after finding the ex judge Javid Ahmad Naik’s writ as meritless dismissed it accordingly. It confirmed the analysis of the enquiry officer into the matter.
The then enquiry officer Justice Tashi Rabstan had said “preponderance of probabilities and some material on record proves that the conduct of the petitioner, a judicial officer Naik, was under serious clouds”.
To Justice Rabstan it “appeared that the petitioner ex judge/Munsif along with Nazir of his Court had hatched a conspiracy to cause monetary loss to State Exchequer and undue benefits were conferred to the parties by registering sale deed without proper stamp duty”.
According to the division bench judgment, five sale deeds of immovable properties belonging to a migrant were registered by the petitioner Naik, ex Munsif Pulwama. He had facilitated the evasion of stamp duty to the tune of Rs.32.00 lacs in conspiracy with Nazir Ahmed Naqash and others.
The former Munsif was removed from his service by the then Governor of the Jammu and Kashmir State on the recommendations of the Full Court. The court had advised that the Munsif, in view of his proven misconduct, was not worthy of retention in the judicial service.
Feeling aggrieved, Naik sought quashment of the Governor’s order as also the enquiry report of 6th of July 2018. He also challenged the show cause notice issued by High Court proposing penalty of his removal from service vide an order passed on the last day of 2018.
He additionally sought to assail the recommendations made by the Full Court to the Governor for imposition of penalty of his removal from the judicial service. He also prayed for a command to the respondents to treat him in service with all consequential service benefits.
The petitioner in 2010 was posted as Munisff Pulwama district where he rendered his services from 08.08.2010 to 01.09.2012.
In January 2011, he was nominated as Duty Magistrate during winter vacations. Exercising the powers of Sub-Registrar of the District, he registered five sale deeds. These sale deeds were in respect of 450 kanals and 17 marls of land belonging to a migrant.
One Bashir Ahmed Khanday, son of Abdul Razak Khanday, resident of Khandaypora, Awantipora made a written complaint against the judicial officer, Naik, to the Chief Justice, Supreme Court of India with a copy to the Chief Justice of J&K High Court.
The allegation claimed that five sale deeds of immovable property belonging to the migrant were registered by the judge by facilitating the evasion of stamp duty to the tune of Rs.32.00 lacs. The complainant said that in conspiracy with Nazir Ahmed Naqash and others (vendees) a major fraud was committed and demanded inquiry.