NAZIR AHMAD KATHOO Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, appointed as constable in the J&K Police Department vide order No. 860 of 1997 dated 13.11.1997, has been removed from service w.e.f 30.5.2007 vide order No. 173 of 2007 dated 25.6.2007 read with order No. 174 of 2007 dated 28.6.2007. The aforestated orders were questioned in appeal before Dy. Inspector General of Police, Police Range Anantnag. The Appellate Authority dismissed the appeal and upheld the removal order passed by Superintendent of Police Awantipora.

(2.) The order Nos. 173 of 2007 and 174 of 2007 dated 25.6.2007 and 28.6.2007 as also order of the appellate authority dated 26.2.2008 (order 79 of 2008) are questioned in this writ petition on the grounds that the Inquiry Officer did not comply with the mandate of Rule 359, J&K Police Rules, 1960 (for short "Police Rules") and section 126 Constitution of J&K while conducting inquiry against the petitioner and that the orders impugned in the petition, resultantly were liable to be set aside.

(3.) The respondents opposed the writ petition on the ground that the petitioner raised disputed question of facts that cannot be dealt with in exercise of writ jurisdiction. It is pleaded that the petitioner has suppressed material facts and is not entitled to an equitable relief. The respondents deny that any of the petitioner's Constitutional or Statutory rights has been infringed while passing impugned orders. The respondents emphatically deny that the procedure laid down under Rule 359 of the Police Rules, have not been adhered to while conducting inquiry in the matter. It is pleaded that the petitioner, by unauthorisedly absenting himself from duty, has lost right to continue in service.