Jammu and Kashmir High Court in Abdul Rehman Dar vs. State of J&K & Anr SWP. No. 1147/2009, on 3.6.22 observed that the penalty of withholding promotion of the employee on account of alleged misconduct, is arbitrary and is not sustainable for the reason that no regular enquiry was conducted into the alleged misconduct. The Court further observed that only preliminary enquiry (the objective of which is only to take prima facie view as to whether there can be some substance in the allegations made against an employee, which may warrant regular enquiry) had been conducted and the evidence recorded in the said enquiry cannot be used in regular departmental enquiry, as the delinquent is not associated with it and opportunity to cross examine the persons examined in such enquiry is not given.
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