GHULAM MOHUDIN LONE Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner has prayed for the issuance of following relief(s) in his favour:

(2.) The case set up by the petitioner, in his petition, is that he was appointed in the respondent Department way back in the year 1984; i.e. 18th of August, 1984 to be precise, and was posted in different places during his service carrier. It is stated that the petitioner worked to the best satisfaction of his superiors as is reflected from the entire service record of the petitioner and, accordingly, retired from service after attaining the age of superannuation on 31st of August, 2016. The petitioner has further proceeded to state that the competent authority cleared and verified all the NOCs/ documents produced by the petitioner from the concerned quarters, whereafter the petitioner was issued the requisite retirement certificate by the respondent No.5. It is pleaded that despite fulfilling all the formalities on the part of the petitioner, the respondents did not release the post-retirement benefits in favour of the petitioner when, as stated, there is nothing pending before any Office against the person of the petitioner. The petitioner claims that he filed multiple representations before the respondents for seeking release of his post-retirement benefits, but all his requests/ representations fell in deaf ears, compelling the petitioner to file the instant writ petition for the above stated relief(s).

(3.) Objections stand filed on behalf of the respondents, wherein it has been stated that the post-retirement benefits of the petitioner have been withheld because the petitioner is involved in FIR.No.25/2014 registered by Police Station, Vigilance Organization, Kashmir for the commission of offences punishable under Section 5(1) (C) (D) read with Section 5(2) J&K Prevention of Corruption Act Svt. 2006 and Section 120-B RPC for abuse of official position and illegally/ fraudulently misappropriating an amount of rupees two lac, forty seven thousand, nine hundred and ninety three during the period 2009-12, which case is pending disposal till date before the competent forum. It is contended that the post-retirement benefits will be released in favour of the petitioner on submission of the 'No Demand Certificate' (NDC) from the Vigilance Organization, Kashmir.