PRINCIPAL DIRECTOR OF AUDIT Vs. ANU TIRKEY
LAWS(JHAR)-2019-11-114
HIGH COURT OF JHARKHAND
Decided on November 28,2019

PRINCIPAL DIRECTOR OF AUDIT Appellant
VERSUS
Anu Tirkey Respondents

JUDGEMENT

SANJAY KUMAR DWIVEDI,J. - (1.)On 14.09.2015, notices were issued upon the respondents under registered cover with A/D as well as ordinary process and Dasti in addition and the judgment dated 15.02.2014 passed by the Principal District Judge, Gumla in Succession Certificate Case Nos.24 of 2008 and 6 of 2010 was kept in abeyance. Notices upon respondent nos.1 and 2 have already been served for which the affidavit has been filed alongwith acknowledgement of receipt, thus, it appears that the notices were served upon them but in spite of the valid service of notice upon respondent nos.1 and 2, they have not appeared as yet. Now substantial time has already been lapsed on the date of service of notice in that view of the matter this writ petition was heard in absence of respondent nos.1 and 2.
(2.)Heard Mr. Sudarshan Shrivastava, learned counsel appearing for the petitioner.
(3.)The instant writ petition has been filed for quashing of the order dated 15.02.2014 passed by the Principal District Judge, Gumla in Succession Certificate Case Nos.24 of 2008 and 6 of 2010 filed by both the respondents for grant of succession certificate whereby and whereunder the court below has granted succession certificates in their favour on the basis of an agreement reached between them which was in contravention of the Central Civil Services (Pension) Rules, 1972, General Provident Fund (Central Services) Rules, Group Insurance Scheme, 1980 and the Law of Succession.


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