STATE OF J&K Vs. AB MAJID MIR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been directed against order dated 16.10.1998 passed by the learned Single Judge whereby the writ petition has been allowed and the respondents, namely, the appellants herein, have been directed to allow the writ petitioner, respondent herein, to join duties with effect from 15th October, 1998 and his seniority be reckoned from the date from which his batchmates were allowed to join. However, his pay has been ordered to be released from 15th October, 1998.

(2.) IN brief, the facts are that in pursuance of advertisements notice, the respondent applied for the post of Constable in J&K Police, District Kupwara. He appeared in the selection process and was selected for the said post. In terms of Police Rules, before making appointment, the character and antecedents of a selected candidates were required to be verified by the Police Department and before the same could be verified and formal letter of appointment could be issued, the respondent filed writ petition with the grievance that appointment letter has not been issued to him for the reason that he has failed to furnish clearance certificate from the CID wing of the Police Department. Upon notice of the writ petition, the police in their counter -affidavit submitted that the list of the candidates for the post of Constable was made subject to the verification of their Character and antecedents and, since character and antecedents are being verified from the CID and, as and when any report was received, the police department of its own would consider the appointment of the respondent and necessary orders would follow. It was also stated that information has been received by the Police Department in regard to the respondent being a militant and having crossed the Actual Line of Control for obtaining training in arms and ammunition. The information has been sent to the concerned department and report is being sought from the CID and, as and when any report is received , the same would be placed before the court. The learned Single Judge, instead of directing the Police to expedite the report, which was to be received from the CID, allowed the writ petition by taking into account two circumstances, firstly, that the respondent had produced a certificate issued by 30 Rashtria Rifles whereby it was certified that his character was good; and secondly, that the respondent was working as SPO with the Police Department. While taking the second circumstances into account, the learned Single Judge was of the view that he must have been appointed as SPO after his character and antecedents had been properly verified. The learned Single Judge was further of the view that the Police Department should have geared up its machinery and concluded the process of verifying the character and antecedents in the shortest possible time, especially when "we are living in an electronic age where it could be two minutes job to ascertain the antecedents of one individual who is recorded and registered with the State". The learned Single Judge, accordingly, directed the appellants to allow the respondent to join as Constable with effect from 15th October, 1998. Hence this appeal.

(3.) LEARNED counsel appearing on behalf of the appellants contended that during the pendency of this appeal, report has been received from the CID Headquarters who, vide letter No. CID/VB/96/Police/100/Kup. dated 7th August, 1996, have found that the respondent was an active POK trained militant. He was apprehended by the security forces in the year 1991 and was detained under the provisions of Jammu and Kashmir Public Safety Act, 1978, for a period of two years in terms of the detention order No. DMK/129 dated 30th October, 1992 passed by District Magistrate, Kupwara, and was lodged in Hira Nagar Jail. The detention order of the respondent was issued on the ground of his activities being prejudicial to the security of the State. He submitted that because of the character and antecedents of the respondent, he could not, and cannot, be appointed as a Constable in a force like the Police which has to maintain law and order and also to provide security to VIPs like Politicians, Judges, bureaucrats etc, and also to provide watch and ward to important installations of the State and Centre.