JAI KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , Jai Krishan, was a constable in Jammu and Kashmir Police. Vide Order No.33 of 2001 dated 30.01.2001 (Annexure -A) passed by Principal, SPS Police Training School Kathua (respondent No.5), he has been removed from service. Through the instant petition, he prays for quashing of the said order with a further prayer in the nature of writ of mandamus commanding the respondents to give all consequential benefits, which include arrears of unpaid salary and other admissible dues, considering him to be in continuation of service throughout.

(2.) ALTHOUGH the allegations against the petitioner are set out in the impugned order itself, yet I feel the necessity of reproducing them once again in brief.

(3.) ON 30.01.2001, a lady recruit Constable -Vidhya Devi No.822/IR 2nd Bn appeared before respondent No.5 and moved an application alleging that on the night intervening 11th/12th January, 2001, the petitioner while working as D.I. (Outdoor) entered her room after climbing the wall of first floor of NGO Block where lady trainees were putting up. The trainees putting up in the said room got up and made a noise and thereafter, the petitioner jumped out of the window of room No.132 and ran away. The other lady trainees, besides aforesaid Vidhya Devi, complainant, who were putting up in the said room were; (i)Tanveera Akhatar No.984/BD/PTS No.50, (ii) Zahida Ahad No.3723/S PTS No.49, (iii) Zubeda Akhatar No.651/S 48 PTS, and (iv) Veena Kumari No.453 IR 2nd PTS No. 46.