GHULAM QADIR MIR Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-1-31
HIGH COURT OF JAMMU AND KASHMIR
Decided on January 28,2020

Ghulam Qadir Mir Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents

JUDGEMENT

Ali Mohammad Magrey,J. - (1.)The petitioner is aggrieved of order bearing No. CE/M&RE/6486- 88/Ar dated 21st of December, 2019 (attached as Annexure-IV to the writ petition) issued by the Chief Engineer, KPDCL, Kashmir/ respondent No.2, directing the Superintendent Engineer, KPDCL, Circle 2nd, Srinagar/ respondent No.3 to ask the Executive Engineer, Electric, Sub Division Budgam/ respondent No.4 to deduct 30 percent salary of the petitioner and deposit the same in the bank account(s) of the unmarried daughters of the petitioner in equal share subject to furnishing of undertaking from the daughters of the petitioner that they are unmarried.
(2.)The aforesaid action of the respondent No.2 is challenged by the petitioner herein this petition on varied grounds detailed out in the petition with particular reference to the fact that the same has been initiated merely on a false complaint lodged by the son of the petitioner and without hearing the petitioner. It is contended that the petitioner has not gone for second marriage and that his daughters are maintained by him as they are living peacefully with none other than the petitioner.
(3.)Seemingly, from a bare perusal of the pleadings on record, the respondent No.2 has initiated the action against the petitioner on the complaint lodged by the son of the petitioner without hearing the petitioner as well as his daughters. In that view of the matter, it is thought just and proper to dispose of this writ petition with a direction to the respondent No.2 to consider the matter afresh on the basis of the complaint so lodged by the son of the petitioner, after affording a personal hearing to the petitioner as well as his daughters and pass appropriate orders in accordance with the law and the rules governing the field.
Ordered accordingly.

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