High CourtsSingle Bench(2019) 09 J&K CK 0014

Balinder Kumar vs State Of Jammu & Kashmir And Ors

Jammu And Kashmir High Court · Decided on 25 September 2019

HON’BLE JUDGES
Tashi Rabstan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 3482 Of 2019, CM No. 7260 Of 2019

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Judgment

6 paragraphs · 279 words

Tashi Rabstan, J

1.

The short grievance projected by the petitioner in this petition is that his original service book was seized by the Vigilance Organization in connection with the F.I.R No. 29 of 2015 & 30 of 2015 registered under Section 5(1)(d) of the J&K Prevention of Corruption Act, 2006. It is submitted that for want of original service book, the service benefits available to the petitioner in the shape of annual increments/pay fixation/in-situ promotions etc. have not been granted by the respondents. The petitioner also place reliance on the order dated 31.08.2018 passed in SWP No. 1758/2018 which was identical on facts with the instant petition.

2.

Having heard learned counsel for the petitioner, I am of the view that this petition can be disposed of, at this stage, by directing Senior Superintendent of Police, Vigilance Organization, Jammu to transmit the original service book of the petitioner to Chief Education Officer, Kathua retaining a scanned/Xerox copy of the same in its records with further stipulation that Chief Education Officer, Kathua shall return the service book of the petitioner after his claims as projected in this petition are settled. Ordered accordingly.

3.

Needless to say that the Chief Education Officer, Kathua shall consider the case of the petitioner for release of service benefits as may be available to the petitioner under rules.

4.

Let the Senior Superintendent of Police, Vigilance Organization, Jammu make available the original service book of the petitioner to the Chief Education Officer, Kathua within a period of two weeks from the date, a certified copy of this order is served upon him by the petitioner.

5.

Disposed of as above along with connected CM.