AB REHMAN DAR Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners were suspended vide order dated 6 -7 -1972 passed by the respondent No. 2 on the ground of allegedly committing an offense punishable under Section 409 RPC registered by Police Station Pattan against the petitioners and the respondent No. 2. The Judicial Magistrate vide his order dated 31 -12 -1973 committed the petitioners and respondent No. 2 to stand trial before the Sessions Judge Baramulla. The sessions Judge vide order dated 15 -12 -1986 acquitted the accused by holding that offences were not satisfactorily proved against any of the accused persons. The Government, however, vide its order dated 29 -PDD of 1984 dated 2 -2 -1984 reinstated the respondent No. 2 without considering the case of the petitioners who were similarly situated. The order of suspension is alleged to be a punishment so far as the petitioners are concerned.

(2.) NO counter has been filed on behalf of the respondents, despite opportunities

(3.) I have heard the learned counsel for the parties end perused the record.