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| HC quashes dismissal order against cop | | | Early Times Report
Srinagar, Apr 30: The state high court has quashed an order by SSP Srinagar, dismissing a constable from services in 2007 in view of his unauthorized absence from services. The constable, Mohammad Akbar Dar was working as constable in police department and has been removed from service vide order on 24.1.2007.
He preferred an appeal against the order before DIG central Kashmir range which was rejected in 24 January 11.
Challenging both order by way of a petition, Dar urged the court to quash them and further he be allowed to resume his duties as constable in the department and treat him in continuous service.
He said that in terms of Rule 359(1) of 1960 as set procedure is to be followed, by virtue of which before imposing major penalty charge sheet is to be delivered; enquiry officer is to be appointed; delinquent official is to be provided opportunity of submit his defence and to be heard.
He said that member of state service cannot be removed from service except otherwise in accordance with requirements of section 126(2) of state constitution read with article 311 of India constitution that provides conveying of specific charges to the delinquent and affording of opportunity of being heard.
A single bench of the court comprising Justice Tashi Rabstan held that it is well settled that adherence to principles of natural justice is of supreme importance and that one should not be condemned unheard is a universal principle. "Perusal of record reveals that procedure laid down in the rules have been observed in breach. The record divulges that enquiry was not conducted into the matter. The record does not indicate that any formal charge was framed against petitioner (Dar) and the petitioner given an opportunity to furnish the list of defence withnesses or examine such witnesses, or allowed to file written statement," the court said and quashed the orders.
"Respondents to conduct enquiry agaisnt the petition in accordance with rule 359 of jk police rules of 1960, within a period of two months from the date of copy of this order is served upon respondents. the further course of action as regards resumption of duty by petitioner or otherwise, shall be dealt with in accordance with rules and having regard to the outcome of enquiry, if any, ordered against petitioner," the court added. |
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