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2012 Supreme(J&K) 358

M.M.KUMAR, HASNAIN MASSODI
Fayaz Ahmad Sheikh – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates Appeared:
Mr. Firdous , Mr. F. A. Bhat, Advocates for Pe#31;titioner.
Mr. A. M. Magray, Sr. AAG for Respondents.

M. M. Kumar; CJ.:—

1. The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 18.05.2007 rendered by the learned Single Judger of this Court, dismissing the writ petition, SWP no. 306/2006 filed by the appellant.

2. The appellant has claimed in an earlier writ petition, SWP no. 39/2005, that while working as SPO in the office of Inspector General of Police, he was selected and appointed as a Follower in the 9th Bn of I.R. Pand his antecedents were duly certified by the concerned S.H.O. The appellant alleged that he was not allowed to join on regular ba#31;sis. In reply the respondents-authori#31;ties took the stand that the Criminal Investigation Department (CID) had reported against the appellant. Accord#31;ing to the report the appellant had been a close associate of a group commander of JKLF, a militant organization. Accord#31;ingly, he was refused appointment. However, the learned Single Judge dis#31;posed of SWP No. 39/2005 with the ob#31;servation that respondents should have considered his performance as SPO as per the communication by the IGP. Ac#31;cordingly, it was directed that the case of the appellant be considered afresh by








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