Sr. No. 20 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 1563/2013 Barak Hussain …. Petitioner/Appellant(s) Through:- Mr. H. C. Jalmeria, Advocate V/s State of J&K & ors. …..Respondent(s) Through:- Mr. Suneel Malhotra, GA CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 05.03.2024 01. Petitioner by way of this writ petition seeks a direction to the respondents to release his withheld salary since 2012 along with interest and also seeks a direction to continue the regular payment of his salary. 02. It is submitted by the petitioner that he was appointed as a Gardner in District Horticulture Office, Rajouri on compassionate basis vide order dated 19.09.1994 and was performing his duties regularly but his salary has been stopped by the respondents without any reason. 03. Objections have been filed by the respondents in which it is submitted by them that there was a complaint made against the petitioner with Police Organization for managing his appointment as Gardner in the Horticulture Department on the fake Date of Birth certificate. On these allegations, FIR No.10/2013 for the offences under Sections 420/467/468/420 RPC was registered in the Police Station Darhal. On receipt of the report from DIG, the respondents have stopped the salary of the petitioner pending verification of his Date of Birth. 04. It is also submitted that the petitioner has filed a petition under 2 Section 561-A Cr. P.C. No. 55/2013 for quashing the order in which the investigation was stayed. Vide order dated 22.07.2013, the respondents were directed to consider releasing of salary of the petitioner under rules and the respondents submit that in compliance of the order of this Court, subject to an undertaking by the petitioner, the respondents had released the salary of the petitioner from December 2013. 05. Mr. Jalmeria, learned counsel for the petitioner, submits that the salary of the petitioner has been stopped pursuant to the complaint against him, which has resulted in FIR No. 10/2013 for the offences under Sections 420/467/468/420 RPC in the Police Station Darhal and the said case has been closed on 22.09.2023. However, he has submitted that the investigation in the FIR was closed ‘as not admitted’ on merits on 22.09.2023 vide Final Report No. 20/2023. Copy of communication dated 28.09.2023 has been produced in this Court which is taken on record. 06. In this view of the matter, the salary of the petitioner was stopped pursuant to FIR No. 10/2013 which had already been closed ‘as not pressed’, therefore, nothing survives for further consideration in this petition. 07. Accordingly, this writ petition is disposed of with liberty to the petitioner to approach the respondents for release of arrears of the salary, if any, due to him. (Sindhu Sharma) Judge JAMMU RAM MURTI/PS 05.03.2024 Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No Ram Murti 2025.03.06 12:22 I attest to the accuracy and integrity of this document