Early Times Report
JAMMU, Oct 3: A Bench of Central Administrative Tribunal (CAT) Srinagar comprising M S Latif, Member (J), and Prasant Kumar, Member (A) quashed order of dismissal of four policemen namely Shakeel Ahmad Beigh, Altaf Ahmad Bhat, Muhammad Shafi Khatana and Shabir Ahma from service for their "dereliction" while manning a shrine at Pakharpora in central Kashmir's Budgam district in 2014.
CAT held that tested on the touchstone of the law points discussed, it found that there was no material available with the disciplinary authority to arrive at a satisfaction that it was not reasonably practicable to hold enquiry which compelled dispensation with the formal enquiry in terms of Section 126 (2B) of J&K Constitution as it was then. "The penalty imposed upon the petitioners of having been dismissed from service, being contrary to law, and reasoning cannot be upheld. As a consequence, the impugned order bearing No 302 of 2014 dated June 11, 2014, is quashed and set aside," the court said.
However, the court said that the authorities would be free to hold a regular enquiry against the constables strictly in accordance with the provisions of the law.
"If the respondents (authorities) decide to hold the enquiry, the same shall be initiated and brought to its logical conclusion within a period of four months from the date of receipt of a copy of this order," the tribunal said.
While the tribunal held that quashing the dismissal shall not entitle the policemen to claim salary during the period they were out of service, it said: "However, the respondents shall deal with this issue after the final report of the enquiry is received by them and shall decide the same in view of the conclusion drawn by the enquiry officer."
Further, the tribunal said, its order would not have any effect upon the pendency or otherwise of any FIR pending against the petitioners before any investigating agency or any court of competent jurisdiction. —JNF |
