MANZOOR HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners in these petitions have impugned the same FIR bearing No. 78/2005 dtd. 11/11/2005 registered with Police Station, Mandi, District Poonch for commission of offences under Sec. 467, 468, 420, 471 and 120-B RPC as such, both the petitions are taken up together.

(2.) The petitioner-Manzoor Hussain in CRMC No. 208/2016 was working in the Education Department and superannuated in the year, 2004. In the year, 2000 when the petitioner was posted as Incharge ZEO, Mandi, the Government launched a scheme commonly known as Rehbar-e-Taleem (ReT) scheme. The aim and object of the said scheme was to provide education by engaging community member called as ReT. The ReT was to be selected and engaged by a duly constituted Village Education Committee (VEC) comprising of prominent citizens of the locality headed by the ZEO. The ReT was to be engaged only after the VEC scrutinized the credentials of the applicant and made recommendations to the Deputy Commissioner. After approval accorded by the Deputy Commissioner, the formal engagement order was to be issued by the ZEO. As far as the Village, Sawjian is concerned, that falls in Zone Mandi, a panel of eligible candidates was prepared by the VEC where after the names of the meritorious candidates fully eligible in all respects were recommended before the Deputy Commissioner Poonch, who was Chairman of the selection committee at the relevant point of time and after the approval by the Deputy Commissioner Poonch, the petitioner who was ZEO Mandi in the year, 2000 issued formal order in favour of the candidates so approved by the Deputy Commissioner Poonch.

(3.) That in the year, 2005, one Riaz Ahmed initiated criminal proceedings against the engagement of one Farooq Ahmed who was engaged as ReT in the year, 2000 that resulted in registration of FIR bearing No. 78/2005 in Police Station, Mandhi (for short the FIR impugned) for commission of offences under Sec. 420, 467, 468, 471 and 120-B RPC against the persons excluding the petitioner.