STATE OF J&K Vs. B L CHOUDHARY
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
B L Choudhary
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(1.) AS the respondent -writ petitioner (herein after referred to as the writ petitioner) is not likely to suffer any irreparable injury and is he
can always be compensated, it is accordingly submitted that he was not
entitled to any interim relief. The interim relief came to be granted in
a writ petition preferred by him. Even though, the Enquiry Officer has
recorded a finding that as per the date of birth given by the writ
petitioner, he stands superannuated w.e.f. 12th Nov. 96, yet the relief
has been granted. This relief is to the effect that the writ petitioner
shall remain in service at his own risk and cost and shall not be
entitled to any salary if he fails in the petition. It is this relief
granted by a learned Single Judge of this Court, which is subject matter
of challenge in this appeal.
(2.) THE writ petitioner came to this court earlier also. Two writ petitions were preferred by him. He challenged appointment of the Enquiry
Officer, who was supposed to look into the correct date of birth of the
petitioner The writ petitions on the subject came to be disposed of with
an observation that the Enquiry Officer can go into the question as to
what is the correct date of birth of the petitioner. It was also observed
that the finding of the Enquiry Officer shall govern the fate of the
intervening period and further continuance of the petitioner in service.
It was further directed that till the enquiry is completed and a finding
is returned, the status quo as on 4th Aug. 98 i.e. the date on which the
two writ petitions came to be disposed of, shall continue to operate. The
writ petitioner preferred a Letters patent Appeal. This appeal came to be
(3.) IN pursuance of the directions given by this court, the Enquiry Officer initiated the proceedings. Sh SS Kapoor. Commissioner/Secretary
to Government, Higher Education Department, was appointed as Enquiry
Officer. An order to this effect was issued on 22nd May 98. The writ
petitioner was called upon to appear before him. The writ petitioner
appeared before the Enquiry Officer on 05 -06 -1998. On this date, an
application was submitted by the writ petitioner. He wanted to place on
record the following documents:
i/ School certificate. ii/ Birth certificate. iii/ Document relating to first page of Service book. iv/ Document relating to at the time of entering into Government service. v/ A personal statement relating to date of birth. vi/ Any other document relating to it.
The writ petitioner was allowed to do the needful. On 16th June, 98 the writ petitioner again sought time and on this date, the
proceedings were adjourned to 23rd June, 98. On this date the Enquiry
officer was not in his office. The further proceedings were taken on 25th
June, 98. On this date, the writ petitioner placed on record following
i/ Attested copy of the front page of the service book attached with the copy of Medical Report dated 8.11.1969 sent to Government by the Head Office (DTO, Jammu) wherein date of birth is shown as 13.11.1942.
ii/ A copy of the J&K Public Service Commissions recommendation letter dt. 10.4.1971 sent to the government for filling up two posts of Compilers (Gazetted) in the State Gazetteers Unit.
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