GHULAM MOHD. RUNYAL Vs. STATE

JUDGEMENT

(1.) The Petitioner-Ghulam Mohammad Runyal, a Sub Inspector of Police in the Police Department of the State Government, retired from service, on superannuation, on January 31, 2010, has approached this Court seeking quashing of the enquiry initiated/sought to be initiated by the Respondents against him, besides a Command to the State-Respondents to release his pensionary and other service benefits.

(2.) The grievance projected by him in the Writ Petition is that the enquiry proposed to be initiated against him for remaining in service and receiving salary from the State Government for two years more than the date of 2 retirement on the basis of his actual date of birth i.e. 12.01.1950 as against 12.01.1952, as projected at the time of entry into service, was unauthorized and unwarranted being against the provisions of Regulation 168-A of the Jammu and Kashmir Civil Service Regulations, 1956. Further grievance of the Petitioner is that the stoppage of pensionary and other service benefits by the Respondents was without the authority of law.

(3.) Contesting the Petitioner's Claim, the Respondents say that they received complaints in August, 2009 to the effect that the Petitioner had entered the Government Service on the basis of a Certificate, which incorrectly recorded his date of birth as 12.01.1952 whereas his actual date of birth was 12.01.1950 but the Petitioner did not respond to the notices issued to him in this behalf and thus having cheated and defrauded the department causing wrongful loss to the State Exchequer, the Petitioner was not entitled to the release of his pensionary and other service benefits, which are stated to have been temporarily withheld by the Superintendent of Police, Ramban, while submitting the 3 result of his enquiry to DIG Doda-Kishtwar-Ramban Range, Headquarter Batote vide DPO Ramban's No. Clt/ Rbn/10/270-72 dated 31.03.2010.