Per Syed Bashir-ud-Din, J.

Appellant on selection followed by his appointment joined the Subordinate Judicial Services as Munsiff on 25.4.2000. His selection and appointment is in RBA category against one of the category Munsiff posts, on the strength of the RBA certificate qua his residence in village Rukhshilvat Tehsil Sonawari, District Baramulla, issued by Tehsildar Sonawari on 3.12.1996. One Javed Ahmad who also happens to be a Judicial Officer has challenged selection/appointment of the Appellant against the Reserve Category post in SWP 1755/2000 with allegation that the RBA Certificate obtained by appellant is based on misrepresentation, fraud, concealment of material facts and impersonation.

While the petition was pending for service of notice at pre admission stage, an anonymous complaint was filed against the appellant with the Chief Secretary of J&K State. In this complaint Deputy Commissioner Baramulla was asked to enquire and file report, by Divisional Commissioner Kashmir. The Deputy Commissioner Baramulla, initiated enquiry. However, the Appellant without loosing any time, filed SWP No. 973/2000 for quashment of this communication issued by Divisional Commissioner to D

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