SYED AMIN TABISH Vs. STATE AND ORS.

JUDGEMENT

(1.) Vide Govt. Order No. 464/G of 1982 dated 21.10.1982, petitioner has been appointed as Assistant Surgeon and posted at Cherar-i-Sharief. In the service book, photocopy of which is on the records, as shown prepared by Block Medical Officer, Cherar-i-Sharief, the date of birth of the petitioner is recorded as 30th March, 1957. In the year 2012, petitioner was posted as Professor-cum-Medical Superintendent, SKIMS where it was noticed that the actual date of birth of the petitioner, as per matriculation certificate, is 30th March, 1956. Petitioner allegedly had taken a stand that his date of birth is 30th March, 1957 as recorded in his service book on joining pursuant to initial order of appointment. Charge had been framed against the petitioner vis- -vis manipulation of his date of birth. Response filed by the petitioner was not found satisfactory by the Director SKIMS, therefore, an Enquiry Committee comprising of below mentioned officers was constituted:

(2.) Petitioner not satisfied with the said order filed two writ petitions bearing SWP No. 2066/2012 and SWP No. 2173/2012. During pendency of said petitions, an enquiry in terms of sub-rule (4) of Rule 33 of the J&K Civil Services (CC&A) Rules, 1956, was ordered vide Govt. Order No. 24 GAD(Vig) of 2013 dated 14.03.2013 where-under Shri Manoj Kumar Dwivedi, IAS, Commissioner/Secretary to Govt. Health & Medical Education Department was appointed as Enquiry Officer. In view of this development, while disposing of the said petition, it was observed that pending enquiry, respondents shall review the suspension order No. 110-SKIMS of 2012 dated 11.10.2012 in accordance with rules. Further, a direction was issued to the appointed Enquiry Officer, Shri Manoj Kumar Dwivedi to conclude enquiry as far as possible within six weeks. In compliance to the said judgement, case for review of suspension has been considered by the Committee comprising of Chief Secretary, Secretary to Govt. GAD and Director, SKIMS who have decided that the petitioner shall continue to remain under suspension with a condition that the case will be reviewed again on completion of enquiry.

(3.) The appointed Enquiry Officer, Mr. Manoj Kumar Dwivedi, has submitted the enquiry report on 18.05.2013 wherein at Para 13 it has been opined that the petitioner is not in a position to avail any benefit of date of birth consider his date of birth as 30.03.1956 unless proved otherwise. Further it has been observed that it would be prudent to reinstate the petitioner and to avail his service, which shall be in the interests of organization. Finally has concluded that unless confusion with respect to the date of birth is clarified by the Board authorities, no misconduct can be established.