UNION TERRITORY OF J&K Vs. MOHAMMAD RAFIQ NAJAR

JUDGEMENT

(1.) Through the medium of instant Letters Patent Appeal " LPA, the Appellants are challenging the judgment dtd. 23/5/2019, hereinafter for short referred to as impugned judgment, passed by the learned Single Judge in case titled Mohammad Rafiq Najar vs. State and Ors, whereby the writ court while allowing the writ petition has quashed the order No. 742 PHQ of 2008 dtd. 29/2/2008 by virtue of which the appointment of the petitioner/respondent herein had been cancelled ab initio.

(2.) Before the merits of the matter are discussed, it would be proper to refer to the facts, in brief, which led to the filing of the instant appeal.

(3.) Appellants in terms of order No. 39 of 2008 dtd. 14/2/2008 appointed writ petitioner/respondent herein as Constable in IRP 12th Battalion pursuant to his selection as such made in terms of PHQ Order No. 1500/07 dtd. 27/4/2007. While the petitioner/respondent herein was performing his duties as Constable, an order bearing No. 742 PHQ of 2008 dtd. 29/2/2008 came to be issued by the appellants whereby the selection of the petitioner/respondent herein was cancelled ab initio. The said order of cancellation is stated to have been issued on the ground that the APHQ J&K vide communication No. APHQ/Legal-Opinion/2007/49296-97 dtd. 11/12/2007 intimated that the petitioner/respondent herein is a released Pak Trained Militant of AlBarq Outfit having been involved in a criminal case registered as FIR No. 220/98 for the commission of offences punishable in terms of Sec. 10 of the Criminal Law Act.