JAHANGIR AHMAD KHANDAY Vs. STATE & ORS.

JUDGEMENT

(1.) It appears that advertisement notice was issued by the respondents inviting applications for selection/appointment against the post of Constables in the Jammu & Kashmir Executive Police in the Districts of Anantnag, Pulwama, Kulgam, and Shopian. The petitioner, being eligible, applied along with all other candidates and on completion of the selection process, he came to be selected figuring at S. No. 166.

(2.) The petitioner was directed to report to respondent No. 4 along with his original testimonials. In compliance of the said order, the petitioner submitted all the relevant documents before the competent authority and was expecting to receive orders for undergoing the requisite training course. It is contended that, despite lapse of about six months, the petitioner was not allowed to join the duties and on enquiries being made by him as to the reason that he was not allowed to join, he was informed that the reason was the receipt of adverse verification report, which revealed the petitioner's involvement in FIR No. 122/2010 at Police Station, Qazigund, under sections 354, 427, 323, 336, 147 and 447 RPC. It is submitted that the allegations leveled against the petitioner in the said FIR are false and frivolous and that the case is pending before the learned Judicial Magistrate, Qazigund and no witness has deposed against the petitioner so far, which substantiates that the allegations leveled against him are false and frivolous. It is submitted on behalf of the petitioner that the said FIR and the offences alleged against the petitioner cannot be made a ground for refusal/denial of the appointment to the petitioner.

(3.) Writ petition came up for consideration and in terms of order dated 20.08.2011, notice was issued to the respondents for filing the objections, if any, and in the meantime, respondents were directed to allow the petitioner to join against the post of Constable against which he stands selected.