GH. NABI PARRAY Vs. STATE

JUDGEMENT

(1.) Petitioner came to be appointed as a Constable in the year 1978 and was promoted as Special Grade Constable. He has successfully undergone the training course at Police Training College, Udhampur. He was awarded Commendation Certificate Class III along with cash reward vide Order No. 971 of, 1993 dated 19.11.1993 (annexure 'B'). He was also awarded cash reward vide Order No. 6 of 1994 dated 15.2.1994 by the Superintendent of Police, Special Branch, Kashmir (annexure 'C'). It is contended that surprisingly and unfortunately the then S.S.P. (CID) recorded the following adverse remarks against the Petitioner in his Service Book on 31.1.1996.

(2.) The said remarks were not communicated to the Petitioner. He has questioned the same and has prayed that the same be quashed and he be given all the service benefits to which he is entitled to, on the grounds taken in the writ petition.

(3.) It is contended that the then S.S.P. (CID), Special Branch, Srinagar was not posted as such from 1992 to 1995, during which period the said remarks were recorded against the Petitioner and, therefore, he was not competent to record same for the said period. Further it is contended that the Petitioner has earned cash rewards, commendation certificates in the year 1993, 1994, 1996 and 1997. Dy.S.P. (CID), Special Branch, Srinagar on 10.11.1997 has recorded excellent remarks in favour of Petitioner in his Service Book containing annexure 'D', which reads as: