SRINAGAR: 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 case, and ordered a fresh inquiry into the charges against him.
The action was ordered by the Jal Shakti Department through Government Order No. 159-JK(JSD) of 2026, dated September 16, 2026, 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 punishable under Section 7 of the Prevention of Corruption Act, 1988.
The department said the Chief Engineer, Irrigation and Flood Control (I&FC), Kashmir, had ordered Malik’s reinstatement through Order No. 161-E of 2025 dated March 6, 2025. The order had provided that three annual increments after the date of his arrest would remain withheld until the final verdict of the court and that he would not be given any sensitive posting involving monetary dealings until retirement.
The Government has now cancelled that order, holding it to be “void ab initio”.
According to the order, the Chief Engineer had based the reinstatement decision on a report submitted by an inquiry committee constituted to examine the allegations against Malik. The Jal Shakti Department held that this was contrary to Rule 33(4) of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956, under which an inquiry is to be conducted by the disciplinary authority itself or by an Inquiry Officer appointed for the purpose.
The Government also said that the power to reinstate an official placed under suspension after allegedly being caught red-handed while demanding and accepting illegal gratification in a trap case vested with the Government.
It referred to Government Order No. 1390-JK(GAD) of 2023, dated November 17, 2023, under which a review committee chaired by the Chief Secretary had been constituted to make recommendations in such matters.
The Jal Shakti Department said the Chief Engineer’s order was therefore not only contrary to the applicable rules but had also been issued without due authority or competence.
Under the fresh order, sanction has been accorded for the appointment of Shakeel-ur-Rehman, In-charge Superintending Engineer, Hydraulic Circle Kupwara/Handwara, as the Inquiry Officer.
Aasif Ali Bhat, Assistant Executive Engineer, Irrigation Sub-Division Hajin, Irrigation and Flood Control Division Sumbal, has been appointed as the Presenting Officer.
The Inquiry Officer has been directed to conduct an exhaustive inquiry into the charges framed and served upon Malik and submit a detailed report and findings, along with specific recommendations, to the Government within 15 days from the date of issuance of the order.
