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2024 Supreme(J&K) 117

M. A. CHOWDHARY
Mohammad Shafi, S/o. Mohammad Ramzan Wani – Appellant
Versus
Union of India, through Secretary to Ministry of Defense – Respondent


Advocates Appeared:
For the Petitioner: Mr. Areeb Javed Kawoosa.
For the Respondents: Mr Tahir Majid Shamsi, DSGI.

JUDGMENT :

1. The Petitioner, through the medium of the present Petition, seeks quashment of communication No. C/60548/SPARSH/GS/SD-7 (Adm Civ) dated 15th of June, 2022 issued by the Respondent No.3, communication No. C/60548/SPARSH/GS/SD-7 (Adm Civ) dated 30th of September, 2022 issued by Respondent No.2 and communication No. 18010/5/Addl/GS/SD/Mohd Shafi Wani dated 7th of October, 2022 issued by the Respondent No.4, directing the conduct of review DPC and recovery to be made from the pension/ gratuity of the Petitioner, with further direction to the Respondents to accept the documents and accord sanction to the recommendations dated 20th of July, 2022, 12th of August, 2022 and 12th of September, 2022 made by Respondent No.6 and not to conduct review DPC, so as to demote the Petitioner with further direction to the Respondents to release the pensionary benefits in favour of the Petitioner, including gratuity as per the last pay drawn by the Petitioner as Sanitary Inspector and not to make any recovery from the pensionary benefits, including gratuity of the Petitioner.

2. The Petitioner has pleaded that he came to be recruited in the establishment of Respondent No.8 against the pos

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