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| DB remits case to Writ Court | | DOB tampering | | Early Times Report
Jammu, Apr 19: A division bench of the High Court comprising acting Chief Justice Virender Singh and Justice Hasnain Massodi today remitted a writ petition about change of date of birth by an Accounts Officer to the single bench.
The court while allowing the petition set aside the order of the Writ Court passed on July 8, 2011, remitting the main writ petition (SWP No 723/2004) to the Single Judge for the decision afresh on its own merits. According to the appeal the appellant Chaman Lal Ganjoo aggrieved of the Govt order dated April 6, 2004 by virtue of which he was deemed to have been retired with effect from May 1998, he sough quashment of the said order through a petition No 723/2004 with a further prayer directing the respondents to allow him to remain in service till May , 2006 on the basis of date of birth recorded in the matriculation certificate and also in his service book as May 16, 1948 which was refuted by the respondent having been manipulated as his actual date of birth of May 16, 1940. A Show cause notice also came to be slapped upon the appellant for recovery to the tune of Rs 10,96,387/- with regard to his over stay in Govt service.
The said notice was challenged by the appellant vide writ petition 313/2006 in which writ petition 723/2004 was also tagged. While quashing the aforesaid order and allowing the petition No 313/2006, SWP No 723/2004 came to be dismissed and the present LPA was filed against the dismissal of said petition.The Court after allowed the appeal and set-aside the order of Single Judge passed on July 8, 2011 remitting the main petition SWP 723/2004 to the Single Judge for its decision afresh on its own merits. JNF |
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