Remove all adverse remarks in transfer order of rape accused’s son: Uttarakhand HC
Rizwan had challenged the stigmatic transfer order dated May 5 by which he was transferred from PWD Construction Division Khatima to temporary division PWD Ghansali on administrative grounds
The Uttarakhand high court on Thursday directed the state’s Public Works Department (PWD) to remove the adverse remarks made in the transfer order of Rizwan Khan, who is additional assistant engineer in PWD Uttarakhand, and son of a rape accused.
The bench of Justice Manoj Tiwari and Justice Ashish Naithani directed the PWD while hearing the petition filed by Rizwan.
Kartikeya Hari Gupta, counsel of the petitioner, said Rizwan had challenged the stigmatic transfer order dated May 5 by which he was transferred from PWD Construction Division Khatima to temporary division PWD Ghansali on administrative grounds.
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“Petitioner is the son of Mohammad Usman who is the accused in minor rape case in Nainital filed on April 30. We pleaded before the court that the transfer order issued on May 5 is in violation of Uttarakhand Transfer Act 2017. We pleaded before the Court that as a government servant, he has no problem with the transfer, but the transfer on administrative grounds, which mentions ‘laxity of work’ and ‘non-compliance of orders of superiors’ has been wrongly mentioned in the transfer order”.
“The court disposed of the petition and ordered PWD to expunge all the adverse remarks made against the petitioner in the transfer order”, Gupta said.
On April 30, a first information report (FIR) was registered, and the building contractor Mohammad Usman was arrested for allegedly raping the 12-year-old girl in his car on April 12. The FIR was registered under section 65 (1) (Punishment for rape in certain cases of rape on a woman under sixteen years), 351 (2) (criminal intimidation) of Bharatiya Nyaya Sanhita (BNS) and relevant sections of Protection of Children from Sexual Offences (POCSO) Act at Mallital police station.
In the complaint, the minor girl’s mother alleged that the accused, who lives in their neighbourhood, raped the girl in his car by luring her with money on April 12. The minor girl lives with relatives in Nainital and her mother lives in Sambhal of Uttar Pradesh.
