RAKESH KUMAR Vs. STATE & ORS.

JUDGEMENT

(1.) By the medium of this petition, the petitioner is seeking to quash Order No.221 of 2005 dated 07.03.2005, issued by the Commandant, JKAP, 5th Bn., Srinagar, respondent no.3 herein, whereby he has been discharged from service with immediate effect (for short, impugned order).

(2.) It is averred that the petitioner was selected as a Constable in IRP 9th Bn. after following due selection process. The said selection was also approved by the PHQ vide Order No.2191 of 2003 dated 21.06.2003. After completion of all the formalities, the petitioner was allowed to join on 08.10.2003 in 9th Bn. and, thereafter, was adjusted in 5th Bn., wherefrom he was deputed to undergo training at STC Talwara vide Order No.Estt/V/15647-55 dated 13.10.2003. It is further averred that a false and frivolous complaint was lodged against him at Police Station Rajouri under Sections 498-A, 380 and 323 of Ranbir Penal Code (for short, RPC)S, was subject matter of trial before the Court of District Judicial Mobile Magistrate, Rajouri and was acquitted vide judgment and order dated 31.05.2005. However, the respondents without hearing the petitioner or holding any inquiry passed the impugned order, thereby discharging him from service on the ground that he was allegedly involved in the aforesaid criminal case.

(3.) Respondents have filed reply resisting the petition on the ground that the petitioner was involved in a criminal case registered at Police Station, Rajouri, vide FIR No.209/2001 under Sections 498-A, 380 and 323 RPC of Ranbir Penal Code (for short, RPC), which information the petitioner had concealed while joining his service in the Police Department. It is further contended that in the earlier verification report it did not come into their notice that the petitioner was involved in the aforesaid criminal case. However, on re-verification by the CID Headquarters, it was found that the allegations alleged against the petitioner were correct as a criminal case was pending in the Court of District Judicial Mobile Magistrate, Rajouri.