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CAT DB reserves one post for applicant facing domestic violence charges
3/18/2024 10:57:34 PM
Early Times Report
JAMMU, Mar 18: In a significant Judgment passed by the Division Bench of Central Administrative Tribunal, Jammu Bench comprised of Hon'ble Mr. B. Anand, Administrative Member and Hon'ble Mr. Sanjeev Kumar Judicial Member in O.A No.260/2024 titled Vishal Sharma V/s U.T of J&K & Ors, directed the Government of Jammu and Kashmir to reserve one post of J&K Combined Competitive Service Examination 2021 for the applicant. The applicant through his counsel Sh. Faheem Shokat Butt invoked the jurisdiction of Hon'ble Central Administrative Tribunal, Jammu Bench through the medium of Original Application wherein direction has been sought upon the respondents to appoint the applicant to the post of Junior Scale Administrative Service which has been withheld by the General Administration Department on the ground that the applicant is facing trial of domestic violence before the competent court of jurisdiction at Delhi and an FIR under Section 498-A has also been lodged against him at Delhi by his estranged wife. The learned counsel argued before the Hon'ble Tribunal that the applicant with the dint of his hard work cracked the prestigious Combined Competitive Service Examination, 2021 with 3rd rank and he was topper in the interview but he has been made victim of personal ill will by his estranged wife who filed complaint against him before the GAD and the GAD instead of deciding the matter referred the case to Home Department and also Department of Personnel and Trainings (DoPT) Govt. of India. The learned counsel vehemently argued that the allegations against the applicant does not involve the offences of moral turpitude and in view of settled law by the Apex Court of India, the appointment to a selected cannot be denied merely on the basis of allegations which does not constitute moral turpitude and on the basis of an FIR which is nothing but a information only and unless a person is convicted by a competent court of jurisdiction, he cannot be denied his right of securing appointment merely on the basis of some FIR. Upon hearing the learned counsel for applicant and in the interest of justice, the Hon'ble Tribunal reserved one post of J&K Competitive Services Examination, 2021 for the applicant.
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