ZAHOOR AHMAD Vs. STATE

JUDGEMENT

(1.) Order No. 37/2005 dated 10.02.2005 is called in question in this petition. Petitioner challenged the said order primarily on the ground that enquiry under Rule 359 of J&K Police Rules has not been conducted, thus, valuable statutory right of the petitioner has been infringed.

(2.) In the reply affidavit it is stated that the departmental enquiry was conducted and rules of natural justice were sufficiently complied with. It is also pleaded that several persons were examined and the petitioner was given ample opportunity to cross examine them.

(3.) The other ground taken by the petitioner is that the final show cause notice in terms of Sub Rule (2) of Rule 359 of J&K Police Rules has not been issued, in as much as, the petitioner has not been given reasonable opportunity to show cause against the action which is to be taken against him.