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| DB dismisses petition seeking quashing of writ-court's judgement | | | Early Times Report
Jammu, Aug 10: A Division Bench of Jammu and Kashmir High Court has dismissed a petition filed by an appellant, seeking quashing of a writ court judgment.
In a LPA filed by Imtiyaz Ahmad Malla against the judgment of Writ Court whereby Writ Court dismissed the petition seeking quashing of the order No. 2580 of 2017 dated 31st July, 2017 whereby the respondents have rejected the claim of the appellant for reinstatement in service as a constable with the Jammu & Kashmir Police with consequential benefits.
The Division Bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar observed that the allegations on which a criminal prosecution rests and the circumstances leading to the acquittal there from would be different in each instance. So far as suitability for recruitment into the police is concerned, the appointing authority is required to effect a strict scrutiny into each individual candidate's background.
Therefore, merely because the respondents may have recruited some individuals who were acquitted from their criminal prosecutions, would not ipso facto entitle the appellant to the same. Nothing would also turn on the respondents having offered appointment to some persons who stand acquitted in a criminal case and refusing it in another case. We have no material regarding the nature of the charges against those persons or the reasons for their acquittal.
DB further observed that we found that it has carefully noted the scrutiny by the Director General of Police. It has been rightly observed that as per the applicable principles and law only persons with impeccable character can be allowed to make entry into the police force which is a disciplined one. It has been observed that the importance of the integrity and high standard of conduct in police force has to be taken into consideration in the matter of forming an opinion whether his retention in the police force is or is not justifiable.
DB further observed that in this background, the Single Judge was also of the view that the Director General being the highest functionary in the police hierarchy is the best judge to consider the suitability of the applicant for induction into police force. Given the above factual background, it has been held that such decision cannot be called into question especially as the same has been arrived at after giving due application of mind to the relevant facts. These observations are in consonance with the binding principles laid down in the judicial precedents extracted above, are legally correct and cannot be faulted. With these observations, DB dismissed the appeal.
--(JNF) |
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