JASBIR SINGH Vs. STATE & ORS.

JUDGEMENT

(1.) I have already dealt with a similar controversy at Srinagar in a writ petition titled Jahangir Ahmad Khanday v. State of J&K and others, being writ petition SWP No. 1811/2011, by a reasoned judgment dated 31.08.2012, followed by two judgements at Jammu in case titled Zulfakar Ahmad v. State and others (SWP No.232/2010), decided on 04.10.2012 and in case Naranjan Singh v. State and others (SWP No. 2253/2009), decided on 27.12.2012, holding that the writ petitions merit acceptance.

(2.) The brief facts of the case at hand are that advertisement notice was issued by the respondents inviting applications for selection/appointment against the post of Constables in IRP 16th, 17th, 18th, 19th and 20th battalions in the Jammu & Kashmir Police in the Districts of Jammu, Kathua and Samba. The petitioner, being eligible, applied along with all other candidates and on completion of the selection process, he came to be selected in District Jammu figuring at S. No. 122 in the select list.

(3.) Precisely, the case of the petitioner is that since he was allegedly involved in a criminal case, therefore, the respondents did not issue the formal appointment order in his favour and he was not allowed to join against the said post. The reason of not allowing the petitioner to join is the receipt of an adverse verification report, which revealed the petitioner's involvement in FIR No. 08/2008 at Police Station, Bishnah, under sections 307//325/323/147/148 RPC and 4/25 of Arms Act. It is submitted that the allegations leveled against the petitioner in the said FIR are false and frivolous and that the case is pending before the learned 2nd Additional Sessions Judge, Jammu, and no witness has deposed against the petitioner so far, which substantiates that the allegations leveled against him are false and frivolous. It is submitted on behalf of the petitioner that the said FIR and the offences alleged against the petitioner cannot be made a ground for refusal/denial of the appointment to the petitioner.