MOHAMMAD ASHFAQ Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The Petitioner responded to the advertisement notice dtd. 3/10/2019, whereby 200 posts of SPO were advertised for J&K Police in District Jammu. The Petitioner being eligible participated in the selection process. Thereafter, on 25/12/2019, the select list was published in the newspaper whereby the Petitioner was shown selected as SPO in District Jammu in the J&K Police. The Petitioner claims to have gone to the selection authority for submitting documents but the documents were not allowed to be entertained, as the Petitioner disclosed that he has been facing a criminal challan before the court of learned Sub-Registrar, Jammu for commission of offences Under Ss. 341, 354, 323 and 294/34 RPC. It is stated that the Petitioner has been falsely implicated as an Accused in the FIR No. 84/2018, dtd. 1/9/2018, for commission of offences Under Ss. 341, 354, 294 and 323/34 RPC. The challan is pending and charges against the Petitioner have been framed. It is submitted that the Petitioner has never been involved in any criminal case throughout his life except a frivolous challan pending against him. It is also stated that the Petitioner is not involved in the offence of moral turpitude and the Respondents are under obligation to issue appointment order in favour of the Petitioner as SPO, District Jammu in Jammu and Kashmir Police.

(2.) On these facts, the present writ petition has been filed by the Petitioner seeking a direction to the Respondents to issue appointment order in favour of the Petitioner to join as SPO in District Jammu in Jammu and Kashmir Police. The Petitioner also seeks a direction to the Respondent No. 4 i.e. SHO, Police Station Jhajjar Kotli not to deny issuance of Character Certificate in favour of the Petitioner because of the criminal challan pending before the court of learned Sub-Registrar, Jammu against the Petitioner.

(3.) Response stands filed by the Respondents, in which it has been stated that on 1/9/2018, a written complaint was submitted by Miss X (Name withheld) against 9 unknown persons stating therein that she had gone to J&K Bank, Dansal along with her father for getting ATM card. While her father was at Bank and she was standing outside the J&K Bank Branch situated at Dansal, at about 1:10 PM, nine boys came riding on their Scooties and when they reached towards the complainant, they started using very dirty and filthy language. When the complainant asked for the reason of using dirty language, first they ran away and thereafter they came again and started harassing the complainant by touching her private parts. In the meantime, when the complainant's father came out of the Bank and wanted to know the reason, even then they misbehaved with the complainant and after that they tried to escape from the spot, but the complainant had noted the registration number of the vehicle, which was driven by the Accused i.e. Scooty bearing registration No. JK02B/2496-Activa, white in colour. After that the complainant had enquired about the Scooty and came to know that the Scooty belonged to a boy, whose name is Ashfaq. On the basis of the said complaint, FIR No. 84/2018 Under Ss. 354, 294, 341, 323/34 RPC was registered and the charge-sheet was filed on 16/10/2018 before the court of learned Sub-Registrar, Jammu and the case is still under trial. It is further stated that so far as issuance of character certificate is concerned, SHO is not competent to issue character certificate and the same can be issued only by Gazetted Officer. SHO can only verify the character and antecedents of the Petitioner and submit in its report whether any criminal case was registered against the Petitioner and submit details of the case/cases in its report. The Gazetted officer is competent to issue character certificate. It is also stated that the Petitioner is not eligible to be provided with character certificate as the Petitioner is facing serious criminal charges and the same are being tried before the court of law.