MAQSOOD AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) WITH consent of learned counsel for the parties, the petition is taken up for final disposal.

(2.) THE case of the petitioner is that by virtue of order No. 570 of 2004 dated May 17, 2004 he was transferred from Police Post Uttrasoo to DPL Anantnag. The petitioner submits that he in pursuance of this transfer order joined in District Police Lines, Anantnag. He further submits that he was falsely implicated in FIR no. 46 of 2004 of P/S Anantnag in which it was alleged that the petitioner alongwith other constables/officials of the police post of Uttrasoo without entering any report in the daily diary entered into the house of one Rashid Ahmad Khan by posing themselves as militants of LeT outfit and demanded Rs. 1.00 lac from the said person on the allegation that he is a timber smuggler. It is further alleged in the FIR that the house owner raised an alarm which caught attention of some neighbours who tried to rescue Rashid Ahmad Khan. However, one of the accused, namely, Farooq Ahmad no. 1746/A was apprehended while others managed to escape from the scene of occurrence. It is further alleged that Incharge Police Post, ASI Mohammad Yousuf no. 8721/NGO alogwith 3 -4 officials came to the house of Rashid Ahmad Khan and there was a shoot out which resulted in the killing of Rashid Ahmad Khan. The accused tried to run away from the spot but ASI Mohammad Yousuf, no. 8721/NGO and constable Maqsood Ahmad No. 1462/A were apprehended by the people and were kept in custody. On this allegation respondent no. 2 passed the impugned order dismissing the petitioner alongwith some other officials from service. The petitioner alongwith other persons was arrested for commission of offences under Sections 302, 460, 120 -B, 149, 323 read with Section 34 RPC.

(3.) LEARNED counsel for the petitioner submits that the petitioner after his being enlarged on bail was not permitted to resume his duties on the pretext that he has been dismissed from service. The petitioner accordingly, filed the present writ petition seeking following reliefs: