BASHIR AHMAD BHAT Vs. STATE

JUDGEMENT

(1.) Through the medium of this Writ Petition, filed under Ss. 103/ 104 of the Jammu and Kashmir Constitution (as then was applicable), the Petitioner seeks issuance of an appropriate Writ, order or direction, including one in the nature of 'Writ of Certiorari' for quashing the FIR No. 38/2015 registered by the Respondent herein. Besides, the Petitioner also seeks a direction restraining the Respondents to proceed further in the matter.

(2.) In the Petition, it is asserted that in terms of Government Order No. 396-Edu of 2000 dated 28th of April, 2000, the Respondent-State launched an ReT Scheme and under this Scheme, the Education Department, in the year 2000, advertised two vacancies of ReT in Primary School Gund Panah, Haranjguroo, Beerwah and the Petitioner, being an eligible candidate, applied for one of the vacancies; that the Petitioner was considered and found eligible for the post and his name figured in the panel prepared by the Education Department; that, on being approved by the Chairman of the Selection Committee, i.e., Deputy Commissioner, Budgam, the Zonal Education Officer, Hardapanzoo issued the engagement Order No. ZEO/LP/235 of 2000 dated 12th of May, 2001 and consequent to his engagement, the Petitioner joined the said post in Primary School Gund Panah, Beerwah.

(3.) It has been further pleaded that in terms of the Scheme, the Petitioner had to be regularized as a General Line Teacher on completion of five years of service as ReT, as such, the Education Department processed his case for regularization and submitted the same to the Directorate of School Education, who issued Order No. 2462-DSEK of 2007 dated 15th of December, 2007, granting approval for the services of the Petitioner as General Line Teacher; that consequent to the aforesaid Order, the Chief Education Officer, Budgam regularized the services of the Petitioner as General Line Teacher vide Order No. 08-CEOB of 2008 dated 28th of January, 2008 and the Petitioner had been continuing as Teacher since the year 2001. It was alleged that the Chief Education Officer, Budgam, in the meanwhile, passed Order No. CEOB/Est.Regl/ ReT/08/2579-80 dated 14th of February, 2008, thereby keeping the order of regularization of the Petitioner in abeyance; that aggrieved of the said Order, the Petitioner filed a civil Suit and the Order passed by the Chief Education Officer, Budgam was kept in abeyance by the civil Court. It was further alleged that, in the meanwhile, a complaint appears to have been lodged before the Crime Branch that the academic certificates produced by the Petitioner are fake/ forged and a case was registered vide FIR No. 25/2008 by the Police Station, Beerwah for the commission of offences punishable under Ss. 420, 468, 471 and 120-B Ranbir Penal Code (RPC) and the charge sheet produced before the Court of law, which was pending. It was further alleged that the Respondent-Vigilance Organization, Kashmir (now ACB) registered a case vide FIR No. 39/2015 against the Petitioner and others under Sec. 5 (1) (d) read with Sec. 5 (2) of the Prevention of Corruption Act and 120-B of the Ranbir Penal Code (RPC).