CRMC No. 282/2013 Page 1 of 9

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CRMC No. 282/2013 & IA No. 340/2013

Date of order:22.11.2018

Mohd Ashraf and anr. Vs State of J&K and ors.

Coram:

Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge

Appearing counsel:

For Petitioner(s)

:

Mr. M. I. Sherkhan, Advocate

For respondent (s) :

Mr. Sudesh Magotra, GA for respondent Nos.1 to 3.

Mr. Suyash Singh Chandel, Advocate for respondent

No.4.

i)

Whether to be reported in

Digest/Journal

:

Yes/No.

ii)

Whether approved for reporting

in Press/Media

:

Yes/No.

1.

Through the instant petition filed under Section 561-A of the Code of

Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek

quashing of the FIR No.505/2013 dated 25.09.2013, for commission of

offences under section 420, 467, 468 RPC registered at Police Station

Rajouri, on the ground that the same is illegal, against the facts and has

been registered by the complainant with mala fide intention only to

harass the petitioners.

2. The case of the petitioners is that the complainant-private respondent

No.4 was engaged as Cook in Government Primary School Atti Gali,

Gurdan Bala,Tehsil and District Rajouri in the month of September, 2005

and thereafter Chief Education Officer Rajouri, issued order No.CEOR

MDM/56/07/4231-47 dated 17.10.2006 whereby all the Cooks were

disengaged due to the non-availability of funds and the private

respondent-Tazeem Akhter was also disengaged. The private respondent

CRMC No. 282/2013 Page 2 of 9

also submitted her resignation which was properly signed by her close

relatives Lal Hussain, Mohd Hussain and also signed by Headmaster

Government Middle School Gurdan Bala and also by Mohd. Razak.

Thereafter, private respondent- Tazeem Akhter took admission in

Government Degree College, Rajouri during the Session 2006-2007

under Roll No. 705, Registration No. 1331I-RCU-06 and appeared in the

examination under Roll No. 511045.

3.

Learned counsel for the petitioners states that the complainant joined the

Degree College, Rajouri and thereafter no one was there to perform the

duty of the Cook and then Chief Education Officer Rajouri and Zonal

Education Officer concerned directed the petitioner No.1 to bring some

candidate who will work as Cook and the petitioner No.2 was engaged in

the Month of October 2006 and ever since, the petitioner No.2 has been

performing her duties as Cook in the Government Primary School Atti

Gali Gurdan Bala. It is stated that the private respondent with the help of

her father Mohd. Rafeeq managed one order from the office of Chief

Education Officer, Rajouri bearing No. CEOR/624-25 dated 08.04.2013

and after proper verification the Chief Education Officer, Rajouri,

cancelled the said order vide No.CEOR/968-69 dated 15.04.2013

because that order was totally a fraud, because the private respondent had

left the job in the month of September 2006 and the name of the

petitioner No.2 was recommended to the Higher authorities vide order

dated 15.04 2013. It is further stated that private respondent- Tazeem

Akhter filed a writ petition before this Court bearing SWP No.1342 of

2013 and this Court vide order dated 05.06.2013, directed the

respondents that private respondent- Tazeem Akhter shall be permitted

to perform her duties as Cook in the light of order passed by Chief

Education Officer, Rajouri dated 08.04.2013 and she would be paid her

wages in accordance with rules. Thereafter, the Chief Education Officer,

CRMC No. 282/2013