SEEMA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners are aggrieved by their deletion from the Panel for engagement of Rehbar-e-Taleem in P.S. Dhaki. Questioning their introduction therein, they seek quashing of Naresh Kumar and Raman Kumar- respondent Nos. 5 and 6's empanelment therein. Finding that the empanelment or otherwise of the petitioners and respondent Nos. 5 and 6 rested on determination of actual residence at village Blater Mohra Dhaki of the petitioners which fact was hotly contested by the respondents, and in view of the parties' reliance on documents on the basis whereof it was not possible to ascertain true factual position regarding petitioners' actual residence, this Court, vide its order dated 28.09.2010, directed the Deputy Commissioner, Samba to find as to whether or not the petitioners were actually residing in village Dhaki. The parties were left free to produce material on which they may rely on, to support their respective stand, before the Enquiry Officer.

(2.) THE Deputy Commissioner has filed his Report that the petitioners were not actually residing in village Blater Morha Dhaki. Contesting the findings in the Report, the petitioners have filed Objections thereto.

(3.) TO consider the petitioners' Objections, the Deputy Commissioner's Report was perused. There is no merit in the petitioners' learned counsel's submission that the petitioners were not heard in the matter, in that, Deputy Commissioner's Report specifically indicates the petitioners to have appeared before him, making statements and producing documents on which they relied upon to prove that they were actually residing in village Blater Morha Dhaki. Learned Commissioner has considered their submissions and taken note of the documents relied upon by them before recording his findings.