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Judgment
Ali Mohammad Magrey, J
CM 3932/2020
For the reasons mentioned in the application, coupled with the submissions made at the bar, the instant application is allowed and the applicant is permitted to file the instant petition without enclosing therewith the requisite Stamp duty, Court fee, attestation of documents, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant, as and when the prevailing lockdown period, announced by the Government, comes to an end.
CM is disposed of.
WP ( C ) 1432/2020
The petitioner claims to be a Government employee working in Medical Education Department and maintains her salary account with respondent No.4-Branch Head, Jammu & Kashmir Bank Branch Baghati-i-Barzulla, Srinagar. Petitioner's salary account, as stated, is maintained in the respondent No.4's Bank Branch Baghati-i-Barzulla, Srinagar bearing account No.8456 is freezed in view of FIR No.02/2020 of Police Station Crime Branch Srinagar. The order is challenged on the ground that salary of the employee by no stretch of imagination and with reference of any law, can be freezed which is property earned by an employee for rendering the services to the Government.
Before proceeding further the court feels it necessary to extract full information about the account of the petitioner maintained by respondent No.4 - Branch Head, Jammu & Kashmir Bank, Branch Bagati Barzulla, Srinagar. The respondent No.4 shall, while submitting the information, certify as to which type of account the petitioner is maintaining in the bank. He shall also certify that the account is maintained by the petitioner for depositing the salary amount which she earns on rendering services to the Government. The needful shall be done by or before next date of hearing.
List on 07.10.2020.
Notice, on asking, waived by Mr. B.A.Dar, Sr. AAG for respondents 1 to 3.
Copy of the order be conveyed to the counsel for the parties besides respondent No.4 - Branch Head, Jammu & Kashmir Bank Ltd. Branch Bagati Barzulla, Srinagar, under the seal and signature of Bench Secretary of this court today itself.