news details |
|
|
| SPOs cannot be terminated from services with enquiry: HC | | | Early Times Report
Jammu, May 9 : In a landmark judgment regarding the petition of one Ghulam Haider challenging his terminated/discharged from service as SPO, the State High Court held that Special Police Officers (SPOs) cannot be terminated from service with enquiry.
After hearing Adv Anil Gupta appearing for the petitioner whereas Senior AAG Gagan Basotra appearing for the state, Justice Tashi Rabstan quashed the termination order of the petitioner with direction to respondents that they are at liberty to conduct inquiry against the petitioner in accordance with the rules occupying the field and complete the same within a period of two months from the date a copy of this order is served upon them.
"Petitioner's retention in service or otherwise shall depend on the outcome of such inquiry, court added.
While quashing the termination order of the petitioner, Justice Tashi Rabstan observed that as per 19 of Police Act 1983 that "Every Special Police Officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities as the ordinary officers of Police." He further observed that a perusal of the section 19 reveals that it gives same powers to SPOs which have been given to ordinary officers of Police who are appointed on substantive basis, therefore petitioner cannot be terminated from services on the ground of misusing his official position without conducting any enquiry. "Thus, the respondents are prevented from taking the plea that the petitioner was not borne on the cadre of service or was not holding the post substantively, the court observed. With these observations, Justice Tashi Rabstan allowed the petition and the order of termination so far as it pertains to the petitioner is quashed.
However, respondents are at liberty to conduct inquiry against the petitioner in accordance with the rules occupying the field and complete the same within a period of two months from the date a copy of this order is served upon them. Petitioner's retention in service or otherwise shall depend on the outcome of such inquiry.
The facts as emerge from the pleadings of the parties are that 120 persons including the petitioner were engaged as SPOs on contractual basis vide Order No.SPO/01/3381-88/C dated 26.02.2001 issued by the Senior Superintendent of Police, Doda. It is averred that the petitioner was performing his duties to the entire satisfaction of his higher authorities and claimed to have participated in various anti-militancy operations, and in one of such operations in Khithar Bonjwah area he got injured and remained admitted in the hospital, for which he was also rewarded by the respondents. It is contended that despite rendering best services and actively participating in anti-militancy operations, the respondents without any reason or providing him an opportunity of hearing or serving any notice terminated his services. (JNF) |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
