ABDUL KHALIQ MALIK v. UNION TERRITORY OF J AND K (HIGHER EDUCATION) AND ORS
WP(C)/396/2025 · 2025-02-28
Rahul Bharti
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6405 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6405 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S.No.73 Supp. List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 396/2025 CM(925/2025) ABDUL KHALIQ MALIK …Petitioner(s)/Appellant(s)
Through: Mr. Suhail Mehraj, Advocate
UNION TERRITORY OF J AND K (HIGHER EDUCATION) AND ORS.
...Respondent(s) Through:
CORAM:HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER 28-02-2025
1. The petitioner came to be complained against by hosteller of Govt. College for Women Girls’ Hostel having been subjected to alleged sexual harassment which even led to registration of an FIR No. 69/2024 dated 29th November, 2024 by the Police Station Kothi Bagh, Srinagar for alleged commission of offences under section 74 (Assault or use of criminal force against a women to outrage her modesty) and section 75 (Sexual harassment) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The petitioner, on the very instant day of registration of the FIR, came to be disengaged with an immediate effect by the Principal, Government College for Women, M. A. Road, Srinagar by virtue of an order
No. GCWMAR/504-A dated 29-11-2024 against which the petitioner has come to file the present writ petition challenging the order being in violation of rules of natural justice, malifide and crowd of other grounds. 3. The tone and tenor of the writ petition is that the petitioner has been falsely implicated as against the fact that the FIR has resulted in presentation of a criminal challan against him before the court of Judicial Magistrate(Sub-Registrar) 1st Class, Srinagar. 4. Thus, the petitioner was well aware of the premise on the basis of which his disengagement has been ordered and effected by the Principal Government College for Women M.A. Road, Srinagar and that is relatable to a case of alleged sexual harassment of inmate of the Girls Hostel but still the petitioner opted to keep the complainant victim/girl out of the present writ petition and then expecting the court to reckon the petitioner as an innocent person falsely implicated. 5. The writ petition is thus meant to discredit the complainant girl. 6. The Principal Government College for Women M.A. Road, Srinagar, was no option at her end but to act in the manner in which she came to act by passing order
No. GCWMAR/504-A dated 29-11-2024 relieving the petitioner from his engagement as a cook (local fund employee) from the service for the Government College for Women M.A. Road Srinagar. 7. This Court finds no case made out for entertainment of the writ petition even for the sake of putting the respondents on notice. 8. Hence, the writ petition is dismissed. 9. A copy of this order be forwarded to the Principal Government College for Women M.A. Road Srinagar for notice and record.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 28-02-2025 Mubashir