ABDUL HAMID WANI Vs. STATE OF J&K

JUDGEMENT

(1.) In terms of order No.2095 of 2005 dated 22.09.2005, petitioner has been removed from service. Aggrieved thereof, instant petition has been filed. Vide order dated 15.01.2005, order impugned has been directed to remain in abeyance.

(2.) Petitioner has been appointed as Constable in District Baramulla on 19.9.2000 under belt No.1733/B and transferred to DPL, Srinagar on 4.8.2003 with belt No.2502. While remaining posted at Srinagar was discharging duties in Sector No.3 of P/S Shaheed Gunj. He had hired a room in the house of one Mohammad Shafi Shegan S/O Habibullah R/O Bazar Batamaloo. On 06.09.2004, he had brought a lady to his rented room allegedly with the intention to commit sexual intercourse. The house owner Mohammad Shafi Shegan noticing presence of the lady in the rented room informed the police and a case was registered as FIR No.97/2004 for commission of offence punishable under Section 376/511 RPC P/S Batamaloo.

(3.) Petitioner was placed under suspension by SDPO, Shaheed Gunj vide order dated 04.09.2004. The departmental enquiry was entrusted to SDPO, Sadder. The enquiry report was prepared on 28th of April, 2005 where-under it was recommended: The official shall be awarded punishment as a corrective measure i.e. stoppage of annual increment for a period of two years and was recommended to be reinstated into service with immediate effect and the period of suspension with effect from 11.9.2004 till the date of completion of enquiry was recommended to be treated as on duty in view of he having remained present for the said period.