Jammu & Kashmir High Court – Srinagar Bench
Habib Mochi And Others vs Union Territory Of J&K And Ors on 11 March, 2025
Author: Puneet Gupta
Bench: Puneet Gupta
Serial No. 68
Supp. Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 1156/2025 In LPA No. 42/2025
Habib Mochi and others ... Petitioner/Appellant(s)
Through: Mr. Saiful Islam Malik, Advocate
Vs.
Union Territory of J&K and Ors. ...Respondent(s)
Through: Mr. Ab. Rashid Malik, Sr. AAG with
Mr. Mohd Younis Hafiz, Assisting counsel
CORAM:
HON'BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
11.03.2025
CM No. 1156/2025:
1. Heard on CM No. 1156/2025, which is application for condonation of
delay of 48 days in filing the appeal.
2. For the reasons stated in the application, same is allowed and the delay
in filing the LPA is condoned.
3. CM disposed of.
LPA No. 42/2025:
4. With the consensus of the parties, the appeal is taken up for
consideration.
5. The appellants are aggrieved of the order dated 13.11.2024, by which
the writ petition filed by them has been disposed of by the learned
Single Judge.
6. The issue before the learned Single Judge was with regard to the
retention of service books of the appellants herein by the Investigating
Agency, which is conducting an investigation into offences registered
Arif Hameed
under FIR No. 31/2014 of the Vigilance Organization, Kashmir
I attest to the accuracy and
authenticity of this document
12.03.2025
(VOK) (now Anti Corruption Bureau) for offences punishable under
Section 5 (1) & (2) of the Jammu and Kashmir Prevention of
Corruption Act Svt. 2006 read with Section 120-B RPC.
7. Learned counsel for the appellants has argued that the investigation
has been going on more than 11 years, during which time the original
service books have been retained by the Investigating Agency.
8. Upon going through the impugned order, the learned Single Judge has
found no cause of action for the appellants herein to come to the court,
as they have not been able to disclose how they are the persons
aggrieved. Thereafter, in paragraph 9, the learned Single Judge has
also directed that, while disposing of the petition, that if there are
attested copies of the services records the same may be given by the
Anti Corruption Bureau to the Department which shall be considered
for whatsoever purpose.
9. The appellants have not been able to demonstrate before this Court as
to how the retention of the service records by the Investigating Agency
has detrimentally affected the appellants. Even otherwise, the service
records are kept with the employer and the appellants would not in
ordinary course have access to that. The directions given by the
learned Single Judge in paragraph 9 of the impugned order,
sufficiently addresses the issues raised by the appellants herein and
nothing further needs to be done.
10.Under the circumstances, we found no merit in this appeal, same is
accordingly dismissed.
(PUNEET GUPTA) (ATUL SREEDHARAN)
JUDGE JUDGE
SRINAGAR:
11.03.2025
"Mir Arif"
Arif Hameed
I attest to the accuracy and
authenticity of this document
12.03.2025