LAWS(J&K)-2010-11-11

STATE Vs. NILOFAR

Decided On November 24, 2010
STATE Appellant
V/S
NILOFAR Respondents

JUDGEMENT

(1.) The respondent, a Constable in the Jammu and Kashmir Police, was removed from service by the Senior Superintendent of Police, Srinagar, with effect from 28.02.2006, for unauthorized absence from duty.

(2.) Appeal against the order having failed, she approached this Court by Writ Petition SWP No. 1179/2009.

(3.) The State-respondents did not file their Response to the Writ Petition. A learned Single Judge of this Court, therefore, set aside orders dated 24.06.2008 & 11.11.2008 of the Senior Superintendent of Police and Deputy Inspector General of Police, Srinagar-Kashmir, respectively, directing respondent s re-instatement forthwith, with no entitlement to salary for the 2 period of absence, finding that the dismissal was illegal, in the absence of any enquiry into the Misconduct.