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| HC upholds dismissal of Army personal allegedly involved in killing of five civilians | | | EARLY TIMES REPORT
JAMMU Oct 4: Justice Sunil Hali of Jammu & Kashmir High Court Jammu Wing has upheld the dismissal from service of Mohd Hussain, an Army personal whose links with the militants and also accompanied with two foreign terrorists in killing of five civilian in Gurdanbala on July 19, 2004.
In the petition, the petitioner, who was working as conservancy safaiwala in the Army, was dismissed from service on April 4, 2005. The petitioner has challenged his dismissal on the ground that the same could not had been issued in view of the fact that he was failing trial before a criminal court from where he has been acquitted.
Counsel for the petitioner Adv Surinder Kour submitted that recourse taken to the sub-rule (iii) of Rule 19 is uncalled for, as the respondents could not have proceeded against the petitioner, in view of the fact that he was acquitted under Sub Clause (i) of Rule 19. On the other hand, K.K. Pangotra, ASGI, appearing for the Union of India and ors clearly stated that action against the petitioner has been taken under Rule 19 (iii) which contemplates that where issue regarding security of State is involved, it is not expedient to hold an enquiry in such matters. ASGI further submitted that during the course of interrogation conducted by the Army Agencies on December 5, 2004, the petitioner was not co-operating and tried to mislead the interrogators regarding his links with the militants and also accompanied with two foreign terrorists in killing of five civilians.
Justice Sunil Hali after hearing both the sides observed that the petitioner’s case was considered by the respondent, the respondents have clearly stated in the affidavit that the petitioner were dismissed from service by invoking Rule 19 (iii). Court is of the view that there is a sufficient compliance of the said rule and dismissed the petition along with connected CMP filed by the petitioner. JNF
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