Advocates:
['U K JALALI', 'SR ADV', '', 'NEHA BAKSHI', 'SHIVANI JALALI', 'S C GUPTA', 'SR A A G']

HIGH COURT OF J AMMU AND KASHMIR

AT JAMMU

561-A no. 135/2009

Date of order: 05.02.2010

CrMP no. 136/2009

Janak Singh.

v.

State of J&K & anr .

Coram:

Honble Mr. Justice Barin Ghosh, Chief Justice

Appearing counsel:

For petitioner(s) :

Mr. U. K. Jalali, Sr. Advocate with

Ms. Shivani Jalali, Advocate.

For respondent(s) :

Mr. Jagdish Parihar, AAG.

i) Whether approved for reporting in

Yes.

Law journals etc.:

ii) Whether approved for publication

in press:

Optional

At the time when the charge sheet was filed, applicant

was in government service, inasmuch as order of premature

retirement stood quashed by an order passed on a writ petition.

The date when the Special Judge Anti-corruption refused to

discharge the applicant and framed charge against him,

applicant

having

had

reached

the

normal

age

of

superannuation, stood retired from government service.

2

Applicant contends that as on the date the charge sheet,

i.e., Police Report was filed before the Court, that is the date

when t