DB holds during enquiry issuance of notice would be an empty formality

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Jammu, November 21
In a LPA filed by Chaman Lal Ganjoo against dismal of petition whereby in the petition, petitioners has prayed for issuance of writ of mandamus directing the respondents to allow him to remain in service till 31.05.2006 on the basis of date of birth recorded in his Matriculation Certificate, i.e., 16.05.1948 and to allow him to draw all consequential benefits with further prayer that respondents be directed not to make any recoveries from the appellant with effect from May 1998, the date on which the appellant has been treated to have been retired from service. The case of the appellant before the writ court was that he appeared in matriculation examination from University of Jammu and Kashmir in the year 1959 with Roll No. 8503.
He was appointed as Junior Assistant in Jammu and Kashmir Revenue Department in the year 1973. The appellant later on appeared in Combined Services Competitive Examination and after qualifying the same, he was appointed as Accounts Officer in Jammu and Kashmir Finance Department on 23.01.1993 on substantive basis.
It is stated that when the appellant joined as Junior Assistant in the Revenue Department, he submitted his Matriculation Certificate mentioning date of birth as 16.05.1948 based on which entry was made in the service book stating his date of birth as 16.05.1948. According to the appellant, the Deputy Director (Central) Accounts and Treasuries Department on 28.07.2003 requested the appellant to furnish the service book in original along with matriculation certificate as he had received some complaint against the appellant regarding his date of birth. Again on 17.09.2003 respondent No. 3 directed the appellant to submit his original service book and matriculation certificate and based on said directions, the appellant submitted photocopy of service book and matriculation certificate and on 24.09.2004 respondent No. 3 addressed communication to the District Treasuries Officer Udhampur directing that salary of appellant for the months of July and August 2003 be released and the salary from September 2003 onwards should not be released unless the original service book and matriculation certificate are produced. The Government issued order bearing No. 94-F of 2004 dated 06.04.2004 and ordered that appellant has been deemed to have retired from services with effect from May 1998.
It is the contention of the appellant that the said order was not communicated, however, another person assumed the charge of Chief Accounts Officer, District Fund Office Udhampur on 06.04.2004.
Division Bench comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan while dismissing the LPA, observed that if opportunity of hearing is extended, the result cannot be changed, conducting enquiry is an empty formality. JNF

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