ABDUL RASHID LONE Vs. STATE

JUDGEMENT

(1.) PETITIONER has been dismissed from the civil services of the State vide Govt., order No. 365 -GAD of 2007 dated 2.4.2007 as his conduct and activities were found to be detrimental and prejudicial to the security of the State. Proviso (c) to Section 126(2) of the Constitution of J & K has been invoked so holding of enquiry has been dispensed with.

(2.) IT is trite that an employee who holds civil post in the State has certain safeguards guaranteed under the Constitution, therefore, dismissal or removal from service or reduction in rank without an enquiry and without providing reasonable opportunity of being heard in respect of the charges leveled is impermissible except for the situation covered by Clause (c) of proviso to Sub -Section 2 of Section 126 of the Constitution. The said power is not unfettered. The authority concerned is required to record reasons so as to show holding of enquiry in the facts and circumstances is impracticable.

(3.) THE Petitioner was appointed as casual labour in Power Development Corporation (PDC), so has also participated in conduct of Assembly Elections in the year 1996. In lieu of such participation in accordance with Government policy, the services of the Petitioner were regularized as Helper in Power Development Corporation vide order dated 18.4.1998 issued from the office of Chief Engineer, Civil Constructions PDC, Bemina Srinagar. In connection with case FIR No. 21/2004 P/S Sheeri, Petitioner was arrested as allegedly he was connected with militant activities. Arms and ammunition were recovered by the security forces from Sheeri area. Petitioner was admitted to bail by the Court of Sessions Judge, Baramulla on 28.9.2004 but was taken into custody pursuant to detention order No. DMB/PSA/2941 dated 31.7.2004. The said detention order stand quashed vide judgment dated 14.9.2005 rendered in HCP No. 197/2004. During the said period of detention, Petitioner was placed under suspension. Vide order dated 6.12.2004, subsistence allowance to the extent of 50% for a period of six months was drawn and disbursed in favour of the Petitioner. After the quashment of detention order, vide order dated 6.3.2006, issued by Executive Engineer, Petitioner was reinstated in service and the period of suspension stand treated as under: