STATE OF J&K Vs. SYEDA BEGUM

JUDGEMENT

(1.) THIS is a Letters Patent Appeal against the judgment dated: 26 -04 -1994 passed in SWP No. 1171/1988. The Superintendent of Police, Kupwara vide order dated: 19 -05 -1987 while accepting the report of the Enquiry Officer imposed penalty of forfeiture of annual increments for a period of two years against all the three writ petitioners. However, punishment imposed by the appointing authority was considered inadequate by the Deputy Inspector General of Police, Kashmir who vide order dated 11 -08 -1987 terminated all of them from service in exercise of powers vested under rule -363 of the Jammu and Kashmir Police Rules. The appeal by them against this order was rejected by Director Generaral of Police vide order dated: 13.06.1988.

(2.) AGGRIEVED by the order of dismissal from service, the petitioners filed SWP No.1171/88 which was allowed by a learned Single Bench of this court on 26 -04 -1994 and the order of dismissal was quashed with a direction to respondents to treat the petitioners in service and release all the consequential benefits including arrears of pay.

(3.) THE learned Single Judge allowed writ petition inter -alia on the grounds (i) that order of dismissal from service passed by the respondent No. 3 is vitiated because it has been passed for extraneous considerations having been influenced by the discussion in the Legislative Assembly (ii) that the order was passed out making record of the enquiry available e petitioner (iii) that no further investigation made by respondent -3 before passing the impugned order (iv) that the charge was not framed by the competent authority and therefore, the order impugned is vitiated.