MOHAMMAD AYOUB GOJRI Vs. STATE

JUDGEMENT

(1.) Challenge laid in this petition is to the order No. 819 of 2002 dated 16.10.2002, hereinafter for short as impugned order, whereby Petitioner came to be discharged, on the grounds taken in the writ petition.

(2.) Respondents filed reply and resisted the petition. The nucleus of the petition is whether Respondents were having powers and competence to discharge the Petitioner in terms of Regulation 187 of J & K Police Manual, when the discharge order is set up on alleged misconduct. It is apt to reproduce Regulation 187 herein:

(3.) The plain reading of the said Regulation reveals that it can be pressed into service only when the official is on probation and if he is unlikely to prove an efficient officer. Admittedly Petitioner came to be appointed vide order No. 819/2002 dated 16th of October, 2002 thus was a probationer on 3rd of December, 2003. It would be profitable to reproduce impugned order herein: