J&K Govt Cancels Reinstatement of Official Facing ACB Case, Orders Fresh Inquiry

SRINAGAR, Sept 17: The Jammu and Kashmir Government has cancelled the reinstatement order of Nazir Ahmad Malik, a Gauge Reader and former in-charge Patwari in the Ziladar office at Hajin, who is facing departmental action in connection with an Anti-Corruption Bureau (ACB) case, and ordered a fresh inquiry into the charges against him.

The action was taken by the Jal Shakti Department through Government Order No. 159-JK(JSD) of 2026 dated September 16, in connection with FIR No. 17/2022 registered at Police Station ACB, Baramulla.

Malik had been placed under suspension following sanction for prosecution in a case involving an alleged offence under Section 7 of the Prevention of Corruption Act, 1988.

According to the order, the Chief Engineer, Irrigation and Flood Control (I&FC), Kashmir, had reinstated Malik through an order dated March 6, 2025. The reinstatement order stipulated that three annual increments after his arrest would remain withheld until the final court verdict and that he would not be posted in any sensitive position involving monetary dealings until retirement.

The Government has now declared the reinstatement order “void ab initio”, holding that it was issued in violation of applicable rules and without proper authority.

The department said the Chief Engineer had relied on a report of an inquiry committee, whereas Rule 33(4) of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956, provides that the inquiry should be conducted by the disciplinary authority itself or by an Inquiry Officer appointed for the purpose.

It further stated that the power to reinstate an official suspended after allegedly being caught red-handed while demanding and accepting illegal gratification in a trap case vested with the Government.

The department also referred to a 2023 Government order constituting a review committee headed by the Chief Secretary for making recommendations in such matters.

Under the fresh order, Shakeel-ur-Rehman, In-charge Superintending Engineer, Hydraulic Circle Kupwara/Handwara, has been appointed as Inquiry Officer, while Aasif Ali Bhat, Assistant Executive Engineer, Irrigation Sub-Division Hajin, has been designated Presenting Officer.

The Inquiry Officer has been directed to conduct an exhaustive inquiry and submit a detailed report, findings and specific recommendations to the Government within 15 days.