ABDULLAH BUTT Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Petitioner, Mohd. Abduallah, Butt, Assistant Sub-Inspector No.5477/NGO in Jammu and Kashmir Police Department, was visited with order of removal from service with immediate effect by the Deputy-Inspector General of Police (Respondent-4), vide his order dated 30th December,2000, which reads as under: -

(2.) This Order deals with the department enquiry held against ASI Mohd. Abdullah No.5477/ NGO for negligence and dereliction of duty.

(3.) Petitioner approached the Court with the plea that he stands discharged without holding enquiry in accordance with the provisions of Rule 359 of the Jammu and Kashmir Police Manual; that the petitioner was not associated with the preliminary enquiry and, thus, violated the principles of natural justice. It is also stated that the witnesses were not examined in his presence nor opportunity afforded to the petitioner to cross-examine them. The petitioner was also not given an opportunity to adduce the defence evidence. That, the copy of the enquiry report was not provided to the petitioner so as to enable him to make reply and explain effectively to the show cause notice of the proposed order of dismissal from service and thus, therefore, order impugned was passed in violation of the provisions of Article 311 of the Constitution of India and section 126 of the Constitution of Jammu and Kashmir, is unsustainable in law.