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| HC quashes Cops dismissal order, directs for fresh enquiry | | | Early Times Report
Jammu, Sept 11- Quashing order No 1739 of 2001 dated December 31, 2001 passed by SSP Udhampur discharging the petitioner from service, the Jammu and Kashmir High Court today observed that respondents are at liberty to conduct fresh enquiry, if they chose so. The period from the date of absence till today shall be subject to the outcome of enquiry. If enquiry is not conducted, then it is held that the petitioner is not entitled any salary for the said period but shall qualify for all other services benefits including the pensionary benefits.
Justice Mansoor Ahmed Mir passed these directions in a petition challenging the order of SSP Udhampur passed on December 31, 2001 whereby the petitioner was discharged from service on the ground that he had remained absent from duty on number of occasions. The Court observed that since no opportunity was given to the petitioner before passing the impugned order hence the same is quashed.
After hearing Advocate DS Chouhan appearing for petitioner and senior Additional Advocate General SC Gupta appearing for the respondents, Justice Mir observed that respondents had nowhere directed the petitioner to appear before the competent authority to show cause why the purposed punishment of dismissal order may not be passed against him. It is no where mentioned in the order that the enquiry officer conducted the enquiry in terms of police manual and the petitioner was ever given any opportunity to be heard before passing the impugned order which the respondent was supposed to do in terms of police manual, the Court observed.
The respondents maintained that the petitioner Chuni Lal had remained absent from duty on certain occasions and the SSP ordered an inquiry and directed Additional SP Katra to conduct enquiry in terms of police manual. Additional SP made a recommendation that delinquent petitioner may be discharged from service on the ground that he had remained absent from his duty on number occasions and was given number of opportunities to mend his behaviour but he failed to do so. JNF
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