MAJID HUSSAIN Vs. STATE

JUDGEMENT

(1.) A short grievance, as projected by the petitioner in this petition, is that the petitioner came to be appointed as ReT in Primary School Ghalore on 5/8/2011 and on completion of five years, was regularized as General Line Teacher in terms of order passed by the ZEO Drabhshala (Kishtwar) vide his No.ZEO/D/2018/2608-11 dtd. 15/3/2018. It is claimed that in terms of the Government Order No.20-Edu of 2019 dtd. 22/1/2019, the petitioner is eligible to be considered for appointment as a Teacher Grade-II, but his case is not being considered on the ground that there is FIR no.39/2018 dtd. 20/9/2018 registered against him under Ss. 498-A,504,506,382,323 and 109 RPC.

(2.) The petitioner claims that the aforesaid FIR has been assailed by him by way of CRMC No. 715/2018 in which this Court has directed the respondents not to produce the challan with regard to the aforesaid FIR. Be that as it may, learned counsel for the petitioner submits that mere registration of FIR cannot be a ground to deny consideration to the case of the petitioner for selection to the post of Teacher Grade-II if he is otherwise eligible and there is no legal impediment. The said position is not disputed by the learned counsel for the respondents.

(3.) Having heard learned counsel for the parties and perused the record, I am of the view that mere registration of FIR cannot be a ground to deny consideration to an employee for his selection or promotion against a higher post. This position has been settled by the Hon'ble Supreme Court in the case of Union of India and ors vs. K.V.Jankiraman and ors, (1991) 4 Supreme Court Cases 109.