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| DB restores service of Constable after 11 years | | | Jammu, July-28 (JNF):- Division Bench of Jammu & Kashmir High Court
Jammu Wing comprising Justice Virender Singh and Justice Hasnain
Massodi today after 11 years quashed the order passed SSP dated
October 12, 2000 whereby removing the petitioner a probationer
constable from service.
According to the case of petitioner that he selected with
other recruits and willing to join the training course but due to
certain unavoidable circumstances as he had suddenly fallen ill and
was declared and deserter and SSP Jammu passed the order of removal of
the petitioner, which according to the petitioner is stigmatic in
nature as the petitioner has been declared deserter, unreliable person
and bad material which is out of the scope of 187 of Police Rule and
order of removal is bad on this Count. He challenged the same in a
writ petition in the High Court which was dismissed by the Writ Court
vide judgment dated March 7, 2006, thereafter the petitioner filed
this appeal against the judgment of the Writ Court.
The court after hearing the parties observed that the
impugned judgment of writ court dismissing the petition, thereby
confirming the order of removal of the petitioner October 12, 2000
from the rolls of the police, passed by the SSP Jammu deserves to be
set-aside. The present LPA is allowed in terms with petition filed the
petitioner stands allowed and the order passed by the SSP Jammu is
hereby quashed. JNF
JNF/JULY/28/2011/2
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