KRISHAN LAL (DECEASED Vs. STATE AND ORS.

JUDGEMENT

(1.) Termination of service of petitioner No. 1's husband was challenged by way of SWP No. 413/1978. Said writ petition was disposed of with a direction that copy of the enquiry report be made available to petitioner No. 1's husband. However, before the aforesaid order could be implemented, petitioner No.1's husband was dismissed from service on 31.01.1978, Thereupon, petitioner No.1's husband filed SWP No. 23/1978 challenging his dismissal from service. Aforesaid writ petition was dismissed vide order dated 01.06.1979 on ground of involvement of disputed questions of fact. Letters Patent Appeal preferred against the same was also dismissed.

(2.) Petitioner No. 1's husband thereafter filed a civil suit which was decreed. State preferred an appeal against the decree and judgment which was dismissed on ground of being barred by limitation. Revision petition against the dismissal of appeal of the State before the High Court was also dismissed whereupon the State took the matter in appeal before the Hon'ble Supreme Court which remanded the matter to the District Judge to decide the appeal on merit. The District Judge heard and dismissed the appeal of the State on merit, whereupon 2nd appeal was preferred by the State before the High Court while raising a new question i.e. regarding jurisdiction of the Civil Court to entertain the civil suit.

(3.) Plea regarding jurisdiction of the Civil Court to entertain the civil suit found favour with the High Court whereupon appeal was filed before the Letters Patent Bench but the same was dismissed. Petitioner No. 1's husband thereafter approached the Hon'ble Supreme Court of India by way of Civil Appeal No. 964/1991 and also filed a separate writ petition i.e. No. 788/1990. The Hon'ble Supreme Court held that the bar of jurisdiction as envisaged under Section 20 of the Jammu and Kashmir Government Servants Prevention of Corruption Act, 1962 was not attracted to the facts of the case and the view expressed by the High Court of Jammu and Kashmir to the contrary was incorrect.