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2010 DIGILAW 76 (JK)

State Of J. &K. v. Yash Paul Singh

2010-02-19

BARIN GHOSH, GH.HASNAIN MASSODI

body2010
1. There is 35 days delay in preferring the present appeal. The reasons furnished for such delay, according to us, is sufficient. We, accordingly, allow the application for condonation of delay in preferring the appeal. LPASW No. 187/2009 2. Admit. With consent of the parties, we have taken up the appeal as on the days list for final disposal. 3. Heard learned counsel for the parties. 4. In the writ petition, it was contended by the petitioner that he has been appointed, after selection, to the post of Constable in IRP 14 Battalion, Tehsil Kathua, but for no just reason he is not being allowed to join the post to which he has been appointed. It was also contended in the writ petition that the purported ground to refuse the petitioner to join his appointed post appears to be filling of First Information Report against the petitioner. It was contended that filing of a First Information report against the petitioner cannot be said to be a valid or reasonable ground not to permit the petitioner to join the said post. On July 17, 2009, the writ petition came up for consideration before notice was issued. Court, accordingly, directed issue of notice in the main petition. On the same date, a miscellaneous petition also came up for consideration, which too had not been served on the other side. While considering the said application, Court while directed issuance of notice also directed the appellant to allow the petitioner to join the said post subject to the outcome of the petition. In other words, at the ad interim stage, without notice to the other side, main relief prayed in the writ petition was allowed. 5. On that ground alone, we interfere with the order under appeal and set aside the same. We, at the same time, request the Writ Court to decide the writ petition on its merits, as quickly as possible, preferably within in a period of one month form today, taking note of the fact that the pleadings in the writ petition stands complete. 6. The appeal is disposed of, as above.