STATE OF J&K Vs. B L CHOUDHARY
LAWS(J&K)-1999-8-26
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 23,1999

STATE OF JANDK Appellant
VERSUS
B L Choudhary Respondents

JUDGEMENT

- (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 dismissed.
(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 documents: 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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