MOHD. YONUS MIR Vs. STATE OF J&K

JUDGEMENT

(1.) Provisional Select List of Constables in J&K Executive Police for Districts of Anantnag, Kulgam, Pulwama and Shopian vide Order No.51 of 2011 dated 10th February 2011, consequent upon conduct of Test/Examination etc., was issued by Additional Director General of Police Armed/L&O J&K. The selected candidates were asked to report to Inspector General of Police, Zone Srinagar,alongwith their original testimonials/additional qualification/professional certificates and other relevant material within 15 days from the date of publication of the Select List. ShriMohdYounis Mir son of GhMohd Mir resident of Kashowa Shopian - petitioner in the petition, figuring at Serial No.13 amongst Open Merit candidates of District Shopian in the Provisional Select List, as well approached respondents for joining his services but he was not permitted to join and was intimated that only after receipt of Verification Report qua his antecedents, he would be allowed to join his duties. The Verification Report of petitioner's antecedents was found adverse inasmuch as it was mentioned therein that a criminal case - FIR No.84/2010 under Section 341, 354, 447, 427, 380, 201 & 323 RPC registered at Police Station Zainapora was subjudice before the Learned Judicial Magistrate, 1st Class Shopian. In view of adverse report, appointment order in favour of petitioner was not issued.

(2.) Petitioner, aggrieved that there is nothing adverse against him as FIR No.84/2010 is outcome of a dispute between two families, has come up with writ petition on hand. The petitioner insists that there is a family dispute between two families, which resulted in lodgment of FIR and that petitioner is not involved in any subversive, militancy or anti-national activity that provide justification to respondents to denyhim appointment on the post of Constable. It is insisted that petitioner was arrested on 22.10.2010 and was released on bail after two days. The charge sheet, it is pleaded, was presented before Judicial Magistrate, Shopian and that it was on the statement of prosecutrix that Superintendent of Police Shopian, after having intimation as regards pendency of criminal case, did not permit petitioner to join his duties. The petitioner, on the edifice of case set up, seeks following relief:

(3.) The respondents, in their Reply, have insisted that though petitioner finds place in provisional select list, his verification report is adverse as FIR is subjudice against him. It is insisted that since petitioner is involved in commission of offence(s) involving moral turpitude, he does not deserve to be appointed to the Government service as his recruitment/appointment to Government service may prove counterproductive and bring bad name to the police department,as such, seek dismissal of writ petition.