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| HC upholds Cop’s dismissal order | | | EARLY TIMES REPORT
Jammu, July-31 (JNF):- The High Court today upheld the dismissal order of probationer constable issued by Commandant JK Armed Police 12th BN. The order was issued on July 27, 2001 following unauthorized absence of the said constable.
The petitioner Surinder Kumar a probationer constable challenged the order. Justice JP Singh after hearing Advocate Abhinav Sharma for the petitioner whereas Sr. AAG SC Gupta and AAG Gagan Basotra for the respondents, observed that the petitioner's approach to this court after a period of about seven years of his discharge, disentitles him to question the respondent’s action for the power conferred on this Court under Article 226 of Constitution of India and section 103 of Constitution of J&K to issue prerogative writs, orders and directions may not be exercised, in that, the power is meant to be exercised to advance the cause of justice and not to thwart it. The purpose of conferring power on the Court issued prerogative writs is see that no man was subjected to injustice in violation of law, Court has, therefore, to examine the case projected before it not merely to look at it from academic angel and pick out an error of law in the questioned action but to see as to whether or not any in justice had resulted on account of any erroneous interpretation of law.
In the approved for reporting judgment, Justice JP Singh further observed that the petitioner's discharge for his continued absence during the period of his probation when he had opted not to inform his employer for years together about the cause of his absence. In the facts and circumstances of the case may not warrant interference and dismissed the petition for lacks of substance. JNF
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