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| Cop wins legal battle after nine years | | DB sets-aside judgment of Single Judge | | Early Times Report
Jammu, Aug 01- Setting aside the judgment of the Single Judge, the Division Bench of the Jammu and Kashmir High Court today directed that the appellant be allowed to continue in service. The DB also ordered that the appellant shall be entitled to all the service benefits in accordance with the rules.
The appellant Vinod Kumar a constable was discharged from service on April 17, 2000 after a departmental inquiry as he was facing criminal trial at the time of selection and appointment in the police department. The appellant challenged his discharge order which was dismissed by the Writ Court on October 3, 2000 against which the appellant filed a LPA in the State High Court.
The Division Bench comprising Justice Nirmal Singh and Justice Sunil Hali, after hearing senior Advocate DC Raina assisted by Advocate Vikas Magotra appearing for the appellant and Additional Advocate General SC Gupta appearing for the state, set-aside the judgment impugned passed by the Single Judge and directed that the appellant be allowed to continue in service. He will be entitled to all the service benefits in accordance with the rules.
The judgment written by Justice Sunil Hali for the Division Bench observed that in the present case the appellant was facing trial in the case under section 147, 447, 323 and 324 RPC and stood convicted and sentenced vide order dated October 23, 1999 passed by the Judicial Magistrate Billawar. At the time when the appellant filed his declaration before the authorities concerned after he was selected and appointed as constable, the order of his conviction was stayed by the appellate Court. As the appellant was on probation for a period of two years, the authority concerned taking note of the rules, dispensed with the services of the appellant which action became subject matter of challenging the same. When the appeal came up for hearing on October 19, 2000, the operation of judgment impugned came to be stayed by this Court. The appellant as a result of the same is till continuing in service.
Additional Advocate General SC Gupta appearing for the respondents very fairly and candidly made a statement that there is no break in the service of the appellant as he is still continuing. He further made a statement that the conviction recorded by the Trial Court has been set-aside by the appellate Court. Upon this Division Bench said that in view of the statement made by Additional Advocate General and fact that conviction has been set-aside and the state having not filed any revision against the said order and there being nothing on record to show that the appellant had conducted any misconduct during his continuance in the department, Division Bench is of the opinion that it would not be appropriate at this stage to disturb the present position, and accordingly set-aside the judgment passed by the single judge and directed the appellant be allowed to continue in service. He will be entitled to all the service benefit in accordance with the rules. It is worthwhile to mention here that the appellant succeeded in the legal battle after nine years. JNF
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