MUZAFFAR AHMAD KHAN Vs. STATE

JUDGEMENT

(1.) FOR "sins of father" petitioner should not suffer. Father of the petitioner was serving in Police Department. As per the petitioner he sought premature retirement as he was having throat cancer. He died on 16 -01 -1991. Petitioner submits he came to be appointed as Assistant Sub Inspector in the Police Department in relaxation of the Rules. This appointment as per the petitioner was made keeping in view the service rendered by his father. Government order No: 409 (P) of 1991 came to be issued on 16 -08 -1991. Petitioner submits he submitted his joining report on 07 -08 -1992. He was however, not allowed to join. He was also not sent for training. It is submitted that almost for three years he waited for joining Government service in the Police Department. Having failed to, get any response he has approached this court.

(2.) STAND taken by the respondents is that letter of appointment did come to be issued in favour of the petitioner. Thereafter antecedents of the petitioner were got verified from the Police Department. Police report was not favourable. As to what is adverse against the petitioner has not indicated. All that has been said is that Criminal Investigation Department after verification expressed an opinion that the character and antecedents are not good.

(3.) OBJECTIONS were preferred in this court on 03 -05 -1995. Thereafter counter has also been filed. Further fact is that verification report has been made available now. This is dated: 24 -12 -1991. For facility of reference this is being reproduced below: Enquiries conducted into the matter have revealed that Muzaffar Ahmad Khan S/O Late Munshi Khan is serving as a teacher in Education Department and has applied for recruitment as ASI in Police Department. It is further reported that one Mohd Ishtiaq Ahmad S/O Mohd Ayoob R/O Dharqiloon (a trained militant took shelter with Munshi Khan (father of the subject) when he was posted at Srinagar. The subject also knew this fact and did not inform any agency/police about the hiding of Ishtiaq Ahmad who was putting up with his father at Srinagar. Moreover, as per the record check of the CID Hqrs, the individual is known on our records. He being a supporter of JKLF is a history sheeter on the records of CID. His brother who is a Pak trained militant was also arrested. The subject was also arrested by the police in 1970 and was later released after same day.  A perusal of the above would indicate: i) that the petitioner is serving as teacher in Education Department, ii) that one Ishtiaq Ahmad took shelter with the father of the petitioner when he was posted at Srinagar. This fact as per the respondents was not brought to the notice of the authorities and it is stated the petitioner should have done so. iii) that the brother of the petitioner is also Pak trained militant. iv) that the petitioner was arrested but was released on the same day.