MALOOK KHAN Vs. STATE

JUDGEMENT

(1.) Petitioner has been dismissed from service vide order No.490 of 2003 dated 10.9.2003. The grievance projected against the said order is to the effect that same has been passed by an incompetent person i.e. respondent No.3, secondly has also been passed in derogation of the applicable rules as the petitioner has been absolutely deprived of being heard. Through the instant petition quashment of the said order is sought and also issuance of command for reinstatement of the petitioner with payment of all service benefits including emoluments.

(2.) In opposition it has been projected that the order has been passed by the competent person. Furthermore while dismissing petitioner from service rules have been substantially complied with. It is also projected that the petition is hit by latches as the order has been passed on 10.9.2003 while as writ petition has been filed on 24.2.2005.

(3.) Petitioner admittedly at the time of dismissal from service was working as Head Constable. The petitioner in the capacity of Head Constable was performing his duties with Executive Member of J&K Peoples Democratic Party. He has been arrested along, with his associates in connection with case FIR No.222/2001 for commission of offence punishable under Sections 3, 4, 5 POTA read with Section Explosive Substance Act, 120-B RPC P/S Nowabad Jammu on 23.12.2001, while in custody had been ordered to be detained under the provisions of Public Safety Act and finally has been released from custody in the month of December, 2004, while in custody in connection with case FIR No.222/2001 had been placed under suspension vide order No.959 of 2001 dated 26.12.2001.