AB RASHID Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , Abdul Rashid, Selection Grade Constable No. 300, in Jammu and Kashmir Police Department was visited with order of dismissal from service in terms of Article 128 of the Jammu and Kashmir Civil Services Regulation read with relevant provisions of the Jammu and Kashmir Police Rules and Section 126 of the Jammu and Kashmir Constitution, passed by the Deputy Inspector General of Police (Respondent No. 2) vide his Order dated: 24 -07 -1987, which reads as under: - "SG. Constable Ab. Rashid Shah No: 300/ BD was transferred from District Budgam to District Kargil vide KPO order No: 253 of 1984 dated: 06 -06 -1984. He was relieved on 25 -07 -1984. From 25 -07 -84 todate this SG Constable has not reported in District Kargil. To secure his presence, the following messages were sent but of no avail: -

(2.) THE petitioner challenges the legality, proprietary and validity of the order of dismissal dated: 24 -07 -87 passed by respondent No. 2 and the order dated: 10 -10 -1985 issued by Superintendent of Police, Kargil recommending petitioners compulsory retirement from service and seeks the issuance of writ in the nature of certiorari quashing the said order on the grounds that the order of dismissal has been passed without holding an enquiry, without issuance of show cause notice for alleged unauthorised absence from duty and following the prescribed procedure of law nor the principles of natural justice have been adhered to by the competent authority passing order of his dismissal.

(3.) THE case of the petitioner portrated in narration is that he was an employee of Jammu and Kashmir Police Department and posted at Sursyar, as S.G. Constable when transferred vide order No: 253 of 1984 dated: 06 -06 -1984 to District Kargil by respondent No. 2. Petitioner represented against the transfer order in pursuance of Government Circular No: 36 -CD of 1983 dated: 08 -09 -1983, which provides that touring officers of the age of more than 55 years and non -touring officers of 50 years exempted from being posted to Kargil, but without any response. The petitioner, however, suffered ailment and further made representation to respondent No. 2 and the latter vide order No: 3237 -39/KPO dated: 03 -03 -1987 directed the petitioner to proceed and report to SP, Kargil. The petitioner, however, could not join his place of posting at Kargil on account of his ailment, road blockade and non -availability of the air ticket and, consequently, applied for leave on medical grounds, which did not merit positive response and the petitioner was served with dismissal order dated: 24 -07 -1987. The rest of the entire averments are made to justify the illegality of the impugned order of dismissal from service and order passed by respondent No. 2 and the order recommending the petitioners compulsory retirement by Superintendent of Police, Kargil, which according to him, were without holding disciplinary enquiry as envisaged under Police Rules and Section 126 of the Jammu and Kashmir Constitution and affording any opportunity of being heard in violation of the principles of natural justice.