STATE OF J&K Vs. ZULFAKAR AHMAD

JUDGEMENT

(1.) LETTER Patent Appeal on hand is directed against Writ Court judgment dated 4th October 2012 in SWP No. 232/2010 titled Zulfakar Ahmad v. State of J & K and others. Background facts need to be noticed in first place. Shri Zulfakar Ahmad - respondent herein, responded to Advertisement Notice dated 26th June 2006, issued by Director General of Police, J & K State - appellant No. 2 in present appeal, to fill up available posts of Constable Followers in appellant department. He participated in selection process and was selected as Constable, and posted, as such, in 13 Battalion J & K Armed Police. However, he was not allowed to join on ground that he was accused in criminal case titled State v. Zulifkar Ahmad under Section 376 RPC FIR No. 59/1994 P/S Gursai.

(2.) RESPONDENT , aggrieved with reluctance on part of appellants to allow him to join duty pursuant to appointment order, issued in his favour, filed writ petition, being SWP No. 1621/2007. Writ petition was dismissed as withdrawn vide order dated 3rd June 2009, on the statement that as respondent/writ petitioner had been assured by appellant department that his grievance would be redressed, he did not want to prosecute the matter. Writ Court while dismissing writ petition as withdrawn granted liberty to respondent to reagitate the matter in the event his grievance was not redressed.

(3.) RESPONDENT aggrieved with order No. 73 of 2010 dated 7th January 2010, filed writ petition, registered as SWP No. 232/2010. He sought quashment of order on the grounds detailed in paragraph 06 of petition. It was averred that order impugned in petition was "shrouded with legal infirmities" inasmuch as it held respondent guilty of charge levelled against him, unmindful of his acquittal by court of law.