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2017 DIGILAW 412 (JK)

Muzaffar Hussain v. State

2017-07-24

B.S.WALIA

body2017
JUDGMENT : 1. Learned counsel for the petitioner states that the petitioner had applied for the post of Gram Rozgar Sewak (GRS) for Panchayat Saral as a resident of Village Panchayat Saral. Short listing of the candidates was done by respondent No.3 vide Annexure-B dated 16.06.2017 but instead of reflecting the correct address of the petitioner therein, some other address has been reflected so as to oust the petitioner from the zone of consideration with a view to favour some other candidate in the select list. Learned counsel states that representation (Annexure-C) dated 07.07.2017 was made by the petitioner to the Deputy Commissioner, District Poonch, who, in turn, ordered an enquiry into the matter by the ACD Poonch vide orders on the representation (Annexure-C) itself but that no action has been taken in respect thereto till date. Learned counsel states that the petitioner apprehends that the respondents would issue the select list without finalizing the enquiry and that in the circumstances, the petitioner would be satisfied if the writ petition is disposed of by directing respondent No.3 to conclude the enquiry as ordered by the Deputy Commissioner, Poonch and to furnish the same to Deputy Commissioner, Poonch in order to enable appropriate action to be taken in the matter. 2. A perusal of the writ petition reveals that the Deputy Commissioner, Poonch has not been impleaded as party respondent and in the absence of the Deputy Commissioner, Poonch as party respondent, it will not be possible to issue directions to the Deputy Commissioner, Poonch. 3. Faced with the aforementioned situation, learned counsel for the petitioner makes an oral prayer for permission to implead the Deputy Commissioner, Poonch as party respondent by making table amendment. May do so in presence of the Reader of this Court. Accordingly, Deputy Commissioner, Poonch is ordered to be impleaded as respondent No.1-A. 4. Notice of motion to respondent No.1-A and 3 only. Mr. L. K. Moza, learned AAG vice Mr. Asheesh Singh Kotwal learned Dy.A.G., accepts notice and states that he has no objection to the limited prayer of the petitioner. 5. Statement of learned counsel for the parties is taken on record. Notice of motion to respondent No.1-A and 3 only. Mr. L. K. Moza, learned AAG vice Mr. Asheesh Singh Kotwal learned Dy.A.G., accepts notice and states that he has no objection to the limited prayer of the petitioner. 5. Statement of learned counsel for the parties is taken on record. Writ petition is taken on board and is disposed of by directing respondent No.3 to conduct an enquiry in terms of the communication received from respondent No.1-A in respect of the representation (Annexure-C) as expeditiously as possible and to submit a report to respondent No.1-A, who, on receipt of the report, would take such action as may be warranted in the facts and circumstances of the case. Needless to mention, respondent No.3 would conduct an enquiry in the matter by complying with the principles of natural justice and giving an opportunity of hearing to all concerned. With the aforementioned directions, writ petition alongwith MP stands disposed of.