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| HC sets aside cop's removal | | | EARLY TIMES REPORT
JAMMU, Apr 12: A high court division bench of Justice Hakim Imtiyaz Hussain and Justice Muzaffar Hussain Attar today set aside the removal of a police cop from service.
Nissar Ahmed, who was appointed as a cop on June 19, 2000, was sent to PTS, Manigam, but during his training, he unauthorisedly remained absent from the Manigam PTS with effect from May 22, 2001.
Because of unauthorised absence, he was removed from service by SP, Kupwara, on the ground that since he was on probation, he was unlikely to prove a good police official.
Nissar then approached DIG, Baramulla, with a representation, but he dismissed the same on September 9, 2003. He then moved court, challenging the order of his removal from
service. In his petition, he submitted that had to leave for home after he received information that his wife's condition had become serious due to illness. But before leaving the PTS, he had sought
oral permission from its principal, he added.
He said the principal had assured him to pass necessary orders for his leave in accordance with law, but he did not do so.In their reply, the respondents, however, submitted that he was absent during the training period and had not sought any permission from the competent authority.
After hearing both the sides, the division bench observed that under rule 187, a police official, who was on probation, could be discharged from service if the prescribed authority found that he
was not likely to prove a good police official.
The prescribed authority was under this rule vested with the power of only discharging a police official, but he could not remove him from service, the judges said.For the penalty of removal, provisions of rule 395 of the police manual were required to be complied with and where no such formalities were complied with, the order of removal could not stand. In the present case, the division bench found that the respondents had, instead of discharging the appellant, removed him from service and that too without any inquiry. On these grounds, the division bench set aside the cop's removal order.
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