HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRTA No. 3/2016

CrlM No.826/2022

IA No. 1/2016, CrlM No.

2434/2021

CrlM Nos. 591 & 1528/2022

Reserved on: 19.12.2022

Pronounced on: 10.02.2023

Kamal Rohmetra Age 46 years

S/o Late S. D. Rohmetra, R/o 19-C Extn.

Gandhi Nagar, Jammu.

….Petitioner(s)

Through :- Mr. Sunil Sethi, Sr. Advocate with

Mr. InderJeet Gupta, Advocate

Mr.Yatin Mahajan, Advocate

V/s

Kabir Dar

Director General Indian System of

Medicines, J&K Srinagar.

….Respondent(s)

Through :-

Mr. S. K. Bhat, Advocate

Coram:

HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

O R D E R

1. By the medium of instant criminal transfer application filed under Section

526 of the Code of Criminal Procedure, Svt. 1989, (hereinafter referred as

„Code‟), petitioner seeks transfer of the criminal complaint titled „Kabir

Dar vs Kamal Rohmetra‟ File No. 104/Alif/15, pending in the Court of

Judicial Magistrate (Sub-Registrar) Srinagar to any other competent court

of jurisdiction at Jammu.

2. The case set up by the petitioner is, that the respondent has filed a false

and baseless complaint alleging therein that the petitioner published news

item in the newspaper Daily Excelsior issued dated 4^th October, 2015

under the head “Inquiry confirms ISM fraud certificate scam by Director”

and vide trial court order dated 12.12.2015 a process against the petitioner

u/s 499 RPC has been issued; that a PIL No. 06 of 2014 titled Abdul

Rashid Tantray vs State and others was pending in the Srinagar Wing of

J&K High Court wherein petitioner has been arrayed as respondent No.3

in the said PIL for the allegations that the respondent by misusing his

2

CRTA No. 3/2016

official position as a Director ISM has issued DAWASAAZ(Pharmacist)

ISM Certificates in favour of hundreds of persons including private

respondents when none of them have ever been admitted in any college or

institute for undergoing such training or having attended classes or

practicals without appearing in any tests or examinations, such candidates

have never been selected on the basis of entrance, competitive test for

imparting any training if any, yet certificates have been sold of

DAWASAAZ(Pharmacist) ISM on monetary considerations, more

surprisingly in glaring violation; that in addition to the points raised in the

writ petition the arbitrary and malafide method of selecting candidates for

the said training course without conducting any test or selection process

from amongst eligible candidates so that merit could be evaluated and

selection made accordingly; that respondent No.2 figuring in PIL No. 06

of 2014 i.e Commissioner/Secretary Health and Medical Department

realizing this fraud issued Govt. Order No. 121-HME of 2008 dated

17^thOctober 2008 pursuant to which the list forwarded by respondent No.3

i.e the respondent herein in the present petition i.e Director ISM J&K to

Commissioner/Secretary Health and Medical Department of as many as

994 candidates for DAWASAAZ training was withdrawn and cancelled

by the Govt.; that some of the candidates have challenged the said

cancellation order through OWP No. 839/2008 and the writ Court after

taking serious cognizance of this fraudulent and arbitrary method of

selecting candidates for training, dismissed the writ petition and while

dismissing the writ petition, issued specific directions as to how said

selection for undergoing training of DAWASAAZ (Pharmacist) can be

issued by respondents in the writ petition; that the Govt. ordered inquiry

into the facts of the case forming the subject of the PIL No. 06/2014, the

inquiry officer conducted the inquiry and submitted his report appears to

have been published in the newspaper which inquiry report has been made

the basis for filing the complaint against the petitioner herein by

respondent Kabir