SURIYA KHAN Vs. STATE OF J & K

JUDGEMENT

(1.) Petitioner by means of this petition filed under Article 226 of the Constitution of India, read wit Section 103 of the Constitution of Jammu and Kashmir challenges the order No. 280 of 2000 dated 22.02.2000, whereby the petitioner has been discharged from service with immediate effect.

(2.) In brief, the fact of the case are that vide order No. 1139 of 1999 dated 08.06.1999 in pursuance of the approval recorded by the Police Headquarter vide order No. 1836 of 1999 dated 27.05.1999, the petitioner was appointed as Constable. She was accordingly allotted Constabulary No. 829-D. After her appointment in Police Department as Constable, she was posted in District Police Lines, Doda. Vide order No. 280 of 2000 dated 22.02.2000 the petitioner has been discharged from service on the ground that her retention in the Police Department would be highly prejudicial to the maintenance of discipline and integrity of the department.

(3.) The case of petitioner is that the impugned order dated 22.02.2000 passed against her is not an order simpliciter but has been passed on the basis of alleged misconduct on her part. Submission of the petitioner is that in such a situation, the competent authority was required to hold a regular enquiry under the provisions of the Jammu and Kashmir Police Manual and in absence thereof the order impugned in the petition cannot be sustained.