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| HC quashes dismissal of policeman after 13 years | | ‘Petitioner punished for same offence twice’ | | Early Times Report
Jammu, Oct 31: Jammu & Kashmir and Ladakh High Court has quashed the dismissal of policeman after 13 years.
Justice Wasim Sadiq Nargal while allowing the petition, ordered that the order impugned dated June 15, 2009 by virtue of which the petitioner came to be dismissed from service cannot sustain the test of law and is hereby quashed/set-aside as the same is shockingly disproportionate to the misconduct.
The court further observed that the order impugned is also quashed/set-aside for the reasons that the same has been passed in contravention of the provisions of Clause (2) of Article 20 of the Constitution of India as the petitioner has been punished for the same offence twice which falls within the realm of double jeopardy, since he has already undergone the punishment of confinement of Quarter Guard for 28 days with salary and allowances in pursuant to order of respondent No. 5 dated June 15, 2009 and after undergoing the aforesaid punishment, the petitioner has again been inflicted the punishment of dismissal from service for the same offence and directed respondents to reinstate the petitioner and allow him to join the duties, as such. The court further directed respondents to release the withheld wages/salary of the petitioner for the period he remained out of service owing to the above referred impugned order dated June 15, 2009, if he is not gainfully employed, elsewhere and all consequential benefits in favour of the petitioner in consequence of his reinstatement in the respondent department.
Petitioner Mohammad Amin Wani came to be appointed as constable and soon after his appointment the petitioner joined the department and started discharging his duties as such. It has been demonstrated by the petitioner that due to his alleged misconduct and misbehavior which has been wrongly attributed to the petitioner and led to his illegal dismissal of his service vide order impugned.
It is a specific stand of the petitioner that he along with his company came to be deployed on May 22, 2007 at Sultanpur, Uttar Pradesh with the State Assembly elections. It has been further averred in the petition that the petitioner along with his company reached the college where examination of the student was going on at that relevant point of time and the petitioner along with his colleagues were directed to remain outside the college till the examination is over.
It has been alleged against the petitioner that some of his colleagues took their luggage from the vehicle and headed towards the college where the accommodation facility was put in place for the company.
On witnessing the aforesaid accident, the Assistant Commandant directed the company members not to enter inside the college and directed Hawaldar Major namely Prem Lal Sharma to follow on the entire company and thereafter the said Assistant Commandant started using very filthy, abusive derogatory language against the members of the company who were made to stand for almost 45 minutes under the scorching sun as a major punishment. (JNF) |
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