FARID Vs. STATE
LAWS(J&K)-1999-2-29
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 25,1999

FARID Appellant
VERSUS
STATE Respondents

JUDGEMENT

G .D.SHARMA,J - (1.) The petitioners are claiming that they migrated from the Kashmir Valley on threats to their lives and properties at the hands of anti -national elements for being supporters of the Indian Armed Forces. The authorities verified their antecedents and after declaring migrants issued Ration Cards in their favour which have been placed on the record as annexures A to Annexure -33. Their grievance is that their Ration Cards have been cancelled without giving them any opportunity of being heard whereas, other migrants from the Valley are being allowed to draw the rations on Ration cards issued in their favour.
(2.) RESPONDENTS have filed the objections and pleaded that the petitioners alongwith other migrants were initially registered as migrants and were granted relief in the shape of assistance to the tune of Rs. one thousand per family which was subsequently enhanced to Rs. 1800/ - per family. Complaints were received in the Relief Organisation regarding the genuineness of threat perception certificates produced by the migrants and respondent -2 herein (Relief Commissioner) wrote to Deputy Inspector General of Police (C|D) Srinagar for the verification and genuineness of the migration. DIG (CID) Srinagar intimated to respondent -2 that threat perception certificates of the petitioners were fake and fabricated to cheat the authorities and thereby to cause loss to the State Exchequer. Respondent No.2 acted upon this communication and by issuing directions to concerned officials got the assistance allowance withdrawn.
(3.) HEARD the arguments. The main plank of the argument of the learned counsel for the petitioners is that petitioners had a legal right to be heard before their cash assistance allowance could be withdrawn. They had been sustaining their families on the assistance allowance so sanctioned and the withdrawal order has visited with civil consequences. In support of his contention, the learned counsel has cited the cases of Raghunath Thakur vs. State of Bihar (AIR 1989 SC 620) and Raj Kumar Jain Vs. Union of India (AIR 1986 Delhi 299).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.