(1.) THE petitioner applied for the post of a Constable. He was put to physical test. In the viva -voce he was also successful. On the basis of merit obtained by him he was selected as Constable. He was allotted No. 115. He joined the service on 24 -11 -1999. After this he was sent for under -going nine months Police training at police Training Centre, Manigam, Srinagar. While the petitioner was under -going training he was served with a copy of order dated 17 -04 -2000. This is Annexure -A with this petition. In this communication it has been indicated that the petitioner did not inform that he was facing a trial under sections 147, 447, 324 and 323 RPC and was convicted also. A judgment convicting him for the commission of offences mentioned above and sentencing him for one year and three months was passed by the Judicial Magistrate 1st Class, Billawar. The judgment is dated 23 -10 -1999. A departmental inquiry was also held. Taking into consideration the totality of the circumstances, the Superintendent of Police, Kathua was of the view that the act of the petitioner in concealing the afore -mentioned fact i.e. the fact that a criminal trial was pending against him and also that he stood convicted is good and sufficient reason to put an end to his probation service. It is this order which is under challenge in this writ petition.
(2.) ONE of the arguments which has been addressed by the learned counsel for the petitioner is that the judgment of conviction recorded by the Judicial Magistrate 1st class has been reversed by the appellate Court and therefore, what prevailed with the Sr. Supdt. of Police while passing the order annexure -A no longer exist. It is accordingly submitted that the petitioner is entitled to relief that the order annexure -A be set aside. Copy of judgment passed by the Sessions Judge, Kathua has been placed on the record by preferring a C.M.P.
(3.) THE stand taken by the respondents is that the tenure of the petitioner was brought to an end in terms of regulation 185 and 187 of the Jammu and Kashmir Police Manual. It is submitted that the fact a criminal trial was pending and the fact that this was not brought to the notice of authorities is a matter which is not in dispute. If this be the position then it is submitted that the petitioner cannot contend that something which was non -existent has been taken into consideration. As the respondent -State relied upon regularation 185 and 187 of the J&K Police Manual. These are being re -produced below: "185. RECRUITS VERIFICATION OF CHARACTER of - (1) The character and suitability for enrolment of every recuit shall be ascertained by a reference to the Lambardar of the village or ward officer of the Town of which the recruit is a resident. A second slip may also be sent to the Finger Print Bureau in order to establish his freedom or otherwise from conviction. Such Lambardar or ward officer shall if the recruit is of good character, furnish a certificate to that effect in Form 27 which shall be verified and attested by the Sub Inspector Incharge of the local Police Station.