CHAMAN LAL GANJOO Vs. STATE

JUDGEMENT

(1.) Petitioner came to be appointed as Junior Assistant in Jammu & Kashmir Revenue Department in the year 1973, thereafter appeared in Combined Services Examination as a departmental candidate and made the grade. He was appointed as Accounts Officer in J&K Finance Department on 23.1.1993 on substantive basis. In the year 2004 respondents have issued Govt. Order No. 94-F of 2004 dated 6.4.2004, whereby it was ordered that petitioner shall be deemed to have retired from service with effect from 31.5.1998 while taking his date of birth as 16.5.1940, constrained him to file writ petition, bearing SWP No. 723/2004 which was admitted to hearing. It was contended that the date of birth of petitioner as recorded in the matriculation certificate and service record unambiguously is 16.5.1948. During the pendency of said writ petition, petitioner otherwise reached the age of superannuation by taking his date of birth as 16.5.1948.

(2.) During the pendency of said writ petition respondents have also issued show cause notice to the petitioner, which is subject matter of present writ petition. The said notice came to be issued at the back of petitioner, without providing him opportunity of being heard. Police action was also drawn against the petitioner for the commission of offences punishable under sections 420, 467 & 468 of Ranbir Penal Code, final report was presented and matter was pending before the Court of 1st Additional Sessions Judge, Jammu.

(3.) Respondents have filed counter and resisted the petition. Petitioner has also filed supplementary affidavit and brought on record copy of judgment dated 27.7.2007 passed by the 1st Additional Sessions judge, Jammu, whereby the criminal charge and challan titled as State v. Chaman Lal Ganjoo came to be dismissed and he came to be acquitted. Respondents have not questioned the said judgment and has attained finality. It is apt to reproduce relevant portion of the said judgment herein: