Amjid Hussain vs Ut Of J&K And Others
2023 Latest Caselaw 855 j&K

                                                                          07

 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT JAMMU

                                                 WP(C) No. 1016/2023
                                                 CM No. 2415/2023

Amjid Hussain                                     .....Petitioner(s)/Appellant(s)

                         Through: Mr. Muzaffar Iqbal Khan, Advocate.

                    Vs

UT of J&K and others                                        .....Respondent(s)

                         Through: Mrs. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
                                    ORDER

03.05.2023

01. Learned counsel for the petitioner, in the instant petition, would

pray for disposal of the petition at this stage in view of the nature of issue

involved in the petition and the reliefs prayed therein.

02. According to the learned counsel for the petitioner, the petitioner

submited a representation on 25.10.2022 before respondent no. 2 for

issuance of Character Certificate in his favour required by the petitioner to

be submitted before the Company where the petitioner claims to be working

as the petitioner was involved in a criminal case before the court of

Additional Session Judge, Rajouri which court in terms of its judgment

dated 16.02.2010 found no incriminating evidence against the petitioner and

resultantly acquitted the petitioner of the charge leveled against him.

03. According to the counsel for the petitioner, the respondent no. 2

being alive to the aforesaid position has failed to accord consideration to the

representation submitted by the petitioner necessitating the filing of the

instant petition.

CM No. 2415/2023

04. Learned counsel for the petitioner, thus, would pray for disposal of

the petition at this stage with an innocuous direction to the respondent no. 2

to consider the representation of the petitioner expeditiously within some

stipulated period.

05. Mrs. Monika Kohli, learned Senior AAG present and enters

appearance on behalf of respondents. She does not oppose the disposal of the

petition at this stage or the prayer made by the counsel for the petitioner, yet

Mrs. Kohli would submit that the representation of the petitioner, if any,

pending before the respondent no. 2 would be considered on its own merits

in accordance with law.

06. Having regard to the aforesaid position coupled with the

submissions made by the appearing counsel for the parties, the instant

petition is taken up for final disposal at this stage and is, accordingly,

disposed of by directing the respondent no. 2 to accord consideration to the

representation of the petitioner claimed to have been submitted before him

by the petitioner expeditiously on its own merits taking into consideration

Order No. Rdr/Order/H.Sheet/13/41945-47/DPO dated 23.12.2013 in

accordance with law and rules applicable and if there is no other legal

impediment thereto, within a period of four weeks' time from the date a

copy of this order is served by the petitioner upon respondent no. 2.

07. Disposed of.

(JAVED IQBAL WANI) JUDGE Jammu 03.05.2023 Bunty