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2024 Supreme(J&K) 153

SANJAY DHAR
Vinod Kumar – Appellant
Versus
Jammu Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rahul Pant, Sr. Adv. with Ms. Arushi Shukla, Adv.
For the Respondent: Mr. S. S. Nanda, Sr. AAG

JUDGMENT :

1. The petitioner has challenged order No. JMC/Legal/170-71 dated 25.09.2017 issued by respondent No. 1, whereby his service period with effect from 23.12.1988 to 26.02.2001 has been treated as dies non. Challenge has also been thrown to enquiry report bearing No. MJ/Estt/4054 dated 26.08.2017 with a direction to the respondents to release salary of the petitioner with effect from 23.12.1988 to 26.02.2001 and to promote him to the post of Senior Assistant with effect from July, 2002.

2. As per case of the petitioner, he was appointed as Junior Assistant in the Jammu Municipal Corporation in the year, 1983 and he was placed under suspension in December, 1988. He approached this Court by way of a writ petition bearing SWP No. 228/1989 challenging his order of suspension. Vide judgment dated 06.09.1989 passed in the aforesaid writ petition, the respondents were directed to pay subsistence allowance to the petitioner and they were directed to expedite holding of enquiry so as to conclude the same within a period of one month.

3. It seems that the enquiry was not concluded within the stipulated time and this compelled the petitioner to file another writ petition bearing SWP No.

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