MOHAMMAD YOUNIS KHAN Vs. STATE
LAWS(J&K)-2006-12-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 06,2006

Mohammad Younis Khan Appellant
VERSUS
STATE Respondents

JUDGEMENT

MANSOOR AHMAD MIR, J. - (1.) IT is averred in this petition that petitioner came to be appointed vide order No. 8 of 1997 dated 10.7.1997 against the post of Forest Protection Guard in the grade of Rs. 950 -1400 plus usual allowances. He joined and came to be posted with Deputy Director, Forest Protection, Srinagar, in terms of annexure -P3. Thereafter, he was deputed for obtaining training vide order No. 65 of 1997 dated 09.10.1997 and directed to report to Principal, Forest Training School at Chatternar Bandipora. Petitioner is figuring at sr. No. 7 in the said order. He reported Principal, Forest Training School and undergone the basic training course. Respondent No. 2 issued order No. 927 -34/L/I/99 dated 31.05.1999 in which he is figuring at sr. No. 40 whereby and whereunder the employees figuring in annexures A and B were repatriated back to the Forest Department along with posts -anneuxre P6. Petitioner made representation which came to be allowed and accordingly respondent No. 3 posted the petitioner at Sindh Forest Division. Thereafter, salary of petitioner came to be stopped without assigning any reasons. Petitioner approached respondents for release of salary but no satisfactory reply was given by them for withholding the salary which constrained the petitioner to file this writ petition and sought writ of certiorari quashing the impugned communication No. CCF(K)Estt/2003/241/45 dated 15.01.2003 issued by respondent No. 3 and commanding the respondents to release the withhold salary.
(2.) RESPONDENTS appeared and filed reply. It is profitable to reproduce the relevant portion of the reply herein, which read as under: (ii) That the respondents received a complaint to one Mohd. Afzal Mir and while verifying the relevant orders it was found that petitioner alongwith some other persons has been shown to have been promoted on transfer to Forest Protection Force while -as the petitioner was not figuring in the promotion order issued by the department whereby Class -IV officials of Forest Department were promoted on transfer to Forest Protection Force. On examination of the relevant record it was found that petitioner has not been promoted by the Forest Department nor he was Class -IV of the Forest department, as such, for all practical purposes petitioner has entered the department fraudulently. (iii) That the petitioner came to know about the said fact, he claimed that he has been appointed in the Forest Protection Force as Forest Protection Guard and has not been appointed in the Forest Deptt nor stands promoted to the post of Forest Protection Guard. The petitioner accordingly was directed to produce the original copy of appointment order as Forest Protection Guard and till the time the appointment order is authenticated, the salary of the petitioner was stopped. The petitioner was again communicated vide No. 401 -04/E dated 25.1.2003 to produce the original initial appointment order as Forest Protection Guard. Copy of the said communication is placed on record with this reply as Annexure B. In response to the said communication the petitioner submitted that said order is lying with his brother who is outside the state and same will be submitted on his return. Copy of the said reply submitted by the petitioner is placed on record as Annexure C hereto. (iv) That petitioner was again communicated by virtue of communication No. 3428 -31/E dated 14.5.2003 to produce the original appointment order as Forest Protection Guard. Copy of the said communication is placed on record with this reply as Annexure D. The petitioner till date has not produced the original appointment order as Forest Protection Guard. The respondents on verification of official records pertaining to the alleged appointment order of the petitioner which also forms Annexure P2 to the writ petition, have found that no original signed copy is available in the official records. It is pertinent to mention here that direct appointment to the post of Forest Protection Guard are made by selection by Services Selection Recruitment Board. In views of above stated it is amply clear that petitioner has entered the department fraudulent, as such, has no right to continue nor is entitled to salary. The writ petition, as such, is not maintainable and in -sequel thereto is liable to be dismissed. During the pendency of the writ petition it was stated by learned Counsel for respondents that FIR No. 10/2003 came to be lodged in P/S Crime Branch and filed status report of the investigation. It is profitable to reproduce the last para of the status report herein: It has been established that Muhammad Younis Khan in league with officer/ officials of Director of Forest Protection Force prepared fake and forged appointment order thus caused wrongful loss to State exchequer and after completing departmental formalities, case is being concluded as challan against accused persons
(3.) THIS case came up before this Court and was partly heard on 14th July, 2006 and was kept on Board for addressing further arguments. But on next day the office bearer reported that writ petition could not be traced and accordingly the file came to be reconstructed in terms of the orders of the Hon'ble Chief Justice.;


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