GOVERDHAN SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioner claimed that his date of birth was 31.7.1949 and he had to retire on 31.7.2007. Noticing tampering in the service records of the petitioner in the year 2007 in regard to his date of birth, the official respondents issued an Order No. 211 of 2007 dated 21.6.2007 in terms whereof the petitioner was retired from service w.e.f., 31.7.2002. The effect of his overstay in the department w.e.f., 31.7.2002 to 21.6.2007 was to be decided later.

(2.) A criminal case also appears to have been registered under Sections 420/467/468/471 RPC read with Section 5(2) of Prevention of Corruption Act. The investigation had culminated in filing of a charge-sheet before the court of learned Chief Judicial Magistrate, Jammu. However, the same resulted in acquittal by the trial court vide judgment and order dated 31.1.2015 on the basis of benefit of doubt.

(3.) In the first round of litigation, SWP No. 2507 of 2010 came to be filed in which the petitioner claimed release of provisional pension retrospectively w.e.f., July 2007.