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2012 Supreme(J&K) 164

MANSOOR AHMAD MIR
Khurshid Ahmad Shah – Appellant
Versus
State & Ors. – Respondent


Advocates Appeared:
Mr. S. R. Khawar Advocate, for the Petitioner.
Mr. A. M. Magray, Sr. AAG, for the Respondents.

1. The subject matter of the writ petition is Order No. 1763 of 2008 dated 30th May, 2008 passed by respondent No. 2, and is challenged on the grounds taken in the writ petition.

2. Respondents have filed the reply and resisted the same.

3. Petitioner came to be appointed as Constable in the year 1983 and was promoted to senior grade constable in the year 1997.

4. An advertisement notice came to be issued on 20th May, 1998, inviting applications from in-service graduate Senior Grade Constables for their induction in the Ministerial Executive Cadre as Head Constables.

5. Petitioner being eligible applied for the same and came to be promoted as Head Constable Ministerial Executive Cadre and is in position.

6. A complaint was lodged before the Vigilance Commissioner-respondent No. 3, to the effect that petitioner has produced fake B. A. Certificate and in consequence whereof, Mr. P. L. Bhat, Dy. S.P, was appointed as Enquiry Officer, who conducted enquiry and made recommendation for exoneration of the petitioner.

7. Respondent No. 2 made a communication dated 7th August, 2001 to the Controller Examinations, University of Kashmir for verification of the certificate and obtained report which















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